Legal Opinion
Carpenter v. City & County of Denver
Court of Appeals for the Tenth Circuit
Decided April 23, 1996No. 95-1245PublishedCited by 19 opinions
1Opinion of the Court
JOHN C. PORFILIO, Circuit Judge.
In this appeal, we are asked to decide whether plaintiffs, lieutenants, captains, and division chiefs in the Denver Police Department, are salaried employees exempt from the overtime requirement of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. This resolution pivots on our reading of 29 C.F.R. § 541.118(a), which states an employee whose salary is “subject to reduction because of variations in the quality or quantity of the work performed,” is not exempt from payment of overtime. Because we read the language of the regulation to mean what it says, that…
2Cases cited15 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Mitchell v. Lublin, McGaughy & AssociatesSupreme Court of the United States · 1959
- Abshire v. County of KernCourt of Appeals for the Ninth Circuit · 1990
- Janet Klein v. Rush-Presbyterian-St. Luke's Medical CenterCourt of Appeals for the Seventh Circuit · 1993
- Robert R. York, Cross-Appellants v. City of Wichita Falls, Texas, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Hoffmann v. Sbarro, Inc.District Court, S.D. New York · 1997
- Russell v. Board of County CommissionersSupreme Court of Oklahoma · 1997
- Spradling v. City of TulsaCourt of Appeals for the Tenth Circuit · 1996
- Lederman v. Frontier Fire Protection, Inc.Court of Appeals for the Tenth Circuit · 2012
14 more not listed; retrieve them via the Exa API.