Adkins v. City of Huntington

Reversed and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge WIDENER and Senior Judge CLARKE joined.

OPINION

RUSSELL, Circuit Judge:

Firefighters in the City of Huntington, West Virginia (the City), filed this action alleging that the City’s payment system had violated the overtime pay provisions of both the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207, and West Virginia, W.Va.Code § 21-5C-3(a) (1989). The district court agreed that the City’s payment system had violated both provisions; it calculated the firefighters’ damages under the West Virginia provision…