Gary Hicks and Teresa Hicks v. Thomas O'Meara Carolyn A. O'Meara and Murray J. Tobin, D/B/A Big Sky Motel

RICHARD S. ARNOLD, Chief Judge.

The plaintiffs, Gary and Teresa Hicks, seek statutory minimum and overtime wages arising out of their work for the defendants, Thomas and Carolyn O’Meara. The District Court granted summary judgment for the O’Mearas on the ground that res judicata barred the Hickses’ claim. We disagree and now reverse.

I

On April 5, 1991, Teresa Hicks signed a one-year employment contract for herself and her husband to manage Big Sky Motel. Big Sky Motel, located on the road to Mt. Rushmore, is owned by the O’Mearas. The contract required the Hickses to manage the front desk, take…