Legal Opinion

O'Connell v. Hove, Jr.

Court of Appeals for the Second Circuit

Decided April 19, 1994No. 1079, Docket 93-6191PublishedCited by 21 opinions

1Opinion of the Court

JACOBS, Circuit Judge:

Plaintiffs are employees of the Federal Deposit Insurance Corporation (“FDIC”) who claim that the FDIC improperly classified their jobs as exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-19 (1982). Upon motion by the FDIC, and after a hearing, the United States District Court for the Eastern District of New York (Glasser, J.) dismissed the complaint for lack of subject matter jurisdiction, finding that Title VII of the Civil Service Reform Act (“CSRA”), 5 U.S.C. §§ 7101-35 (1988) requires plaintiffs, all of whom are members…

2Cases cited21 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  4. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  5. Bush v. LucasSupreme Court of the United States · 1983

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3Cited by21 opinions

  1. Anderson v. ConboyCourt of Appeals for the Second Circuit · 1998
  2. Abbott v. United StatesCourt of Appeals for the First Circuit · 1998
  3. United States v. Richard H. KellyCourt of Appeals for the Second Circuit · 1998
  4. Skubel v. FuoroliCourt of Appeals for the Second Circuit · 1997
  5. Mudge v. United StatesUnited States Court of Federal Claims · 2004

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