Legal Opinion

DiNicola v. State of Oregon

Court of Appeals of Oregon

Decided November 9, 2011No. 07C14758; A138659PublishedCited by 6 opinions

1Opinion of the CourtNakamoto, J.

Plaintiff is employed as a tax auditor in the Oregon Department of Revenue (Revenue). When he is working in that position, he is entitled under state and federal law to compensation at one and one half times his regular hourly rate for any work beyond 40 hours a week. He appeals a judgment that denied his claims against the state for overtime pay for the period that he was on release time from his job with Revenue and serving as the full-time president of his union, Local 503 of the Service Employees International Union (Local 503). We affirm.

I. FACTS AND PROCEDURAL BACKGROUND

Because the…

2Cases cited18 opinions

  1. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  2. Goldberg v. Whitaker House Cooperative, Inc.Supreme Court of the United States · 1961
  3. Jones v. General Motors Corp.Oregon Supreme Court · 1997
  4. Onita Pacific Corp. v. Trustees of BronsonOregon Supreme Court · 1992
  5. Torres-Lopez v. MayCourt of Appeals for the Ninth Circuit · 1997

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3Cited by6 opinions

  1. Cejas Commercial Interiors, Inc. v. Torres-LizamaCourt of Appeals of Oregon · 2013
  2. Robillard v. Opal Labs, Inc.District Court, D. Oregon · 2018
  3. Dinicola v. StateCourt of Appeals of Oregon · 2016
  4. Barnhart v. Fastax Inc.District Court, D. Oregon · 2015
  5. Hurst v. First Student, Inc.District Court, D. Oregon · 2016

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