Legal Opinion

Paul Mendel v. City of Gibraltar

Court of Appeals for the Sixth Circuit

Decided August 15, 2013No. 12-1231PublishedCited by 21 opinions

1Opinion of the CourtBatchelder, C.J., joined by Merritt, J.,

KETHLEDGE, J. (pp. 572-74), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Chief Judge.

This case presents the question of whether purportedly volunteer firefighters who receive a substantial hourly wage for responding to calls whenever they choose to do so are “employees” or “volunteers” for purposes of the Fair Labor Standards Act (“FLSA”) and Family Medical Leave Act (“FMLA”). Plaintiff-Appellant Paul Mendel was employed by Defendant-Appellee City of Gibraltar (“the City”) as a dispatcher in the City’s police department. After Mendel’s employment was terminated, he sued…

2Cases cited12 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  3. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  4. Tony and Susan Alamo Foundation v. Secretary of LaborSupreme Court of the United States · 1985
  5. Daniel R. Arban, Plaintiff-Appellee/cross-Appellant v. West Publishing Corp., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2003

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Brown v. New York City Department of EducationCourt of Appeals for the Second Circuit · 2014
  2. Terry Tilley v. Kalamazoo County Road Comm'nCourt of Appeals for the Sixth Circuit · 2015
  3. Int'l Ass'n of Fire Fighters Local Union No. 5058 v. Gillette/Wright/Campbell Cnty. Fire Prot. Joint Powers Bd.Wyoming Supreme Court · 2018
  4. R. Alexander Acosta v. Cathedral BuffetCourt of Appeals for the Sixth Circuit · 2018
  5. Benion v. Lecom, Inc.District Court, E.D. Michigan · 2018

16 more not listed; retrieve them via the Exa API.

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