Lisa A. Hultgren Victoria M. Smith and Daniel R. Turner v. County of Lancaster, Nebraska, a Political Subdivision of the State of Nebraska
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LARSON, Senior District Judge.
This case arises under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. Certain “relief employees” hired by the Lancaster Office of Mental Retardation to work in residential facilities for the mentally retarded brought suit alleging that failure to compensate them for “sleep time” violated the FLSA. The case was tried by consent before a magistrate, who found, after an extensive review of the facts, that plaintiffs’ “sleep time” constituted working time under the FLSA. Ruling that Lancaster County was not entitled to a good faith defense under the…
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