McGavock v. City of Water Valley

W. EUGENE DAVIS, Circuit Judge:

This case arises out of the application of the Fair Labor Standards Act overtime exemption for employees “engaged in fire protection activities.” 29 U.S.C. § 207(k). Unless the exemption applies, the Fair Labor Standards Act (“FLSA”) requires that employees be compensated at a rate of one-and-one-half times their hourly rate for all hours worked in excess of forty-hours in one week. 29 U.S.C. § 207(a). The controlling issue in this case is whether the plaintiffs are employees “engaged in fire protection activities” and thereby exempt from coverage of the…