Legal Opinion

Carter v. City of Charleston

District Court, D. South Carolina

Decided August 20, 1997No. 2:96-2508-18Published

1Opinion of the Court

ORDER

NORTON, District Judge.

This action is before the court on Plaintiffs’ Motion for Summary Judgment.

I. Background

The 108 Plaintiffs are current or former fire fighters employed by the City of Charleston (“Defendant”). They filed this action against Defendant, alleging Defendant has failed to comply with the wage and hour requirements of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207.

Specifically, Defendant has treated Plaintiffs as fire protection employees and sought to use the overtime exemption applicable to fire fighting personnel pursuant to 29 U.S.C. § 207(k). Under that…

2Cases cited11 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Corning Glass Works v. BrennanSupreme Court of the United States · 1974
  3. Walling v. General Industries Co.Supreme Court of the United States · 1947
  4. Avery v. City of TalladegaCourt of Appeals for the Eleventh Circuit · 1994
  5. Martha Skidmore Clark v. J.M. Benson Co., Inc.Court of Appeals for the Fourth Circuit · 1986

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