Legal Opinion

Lupien v. City of Marlborough

Court of Appeals for the First Circuit

Decided October 29, 2004No. 04-1188PublishedCited by 18 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

Police officers currently or formerly employed by the Marlborough Police Department (“plaintiffs”) filed suit on April 20, 2001, against the City of Marlborough, Massachusetts, and its Police Department (collectively referred to as the “City”), alleging that the City had operated an unlawful “comp time” (compensatory time, or paid time off) system that violated Section 207(o) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. This system had been agreed to in the collective bargaining agreement (“CBA”) between the police union and the Department and the…

2Cases cited5 opinions

  1. Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
  2. Batterton v. FrancisSupreme Court of the United States · 1977
  3. 53 Fair empl.prac.cas. 1814, 54 Empl. Prac. Dec. P 40,262 C. Roland Powers v. Grinnell Corporation, C. Roland Powers v. Grinnell CorporationCourt of Appeals for the First Circuit · 1990
  4. O'Brien v. Town of AgawamCourt of Appeals for the First Circuit · 2003
  5. D'CAMERA v. District of ColumbiaDistrict Court, District of Columbia · 1989

3Cited by18 opinions

  1. Somers v. Converged Access, Inc.Massachusetts Supreme Judicial Court · 2009
  2. Ramirez v. Riverbay Corp.District Court, S.D. New York · 2014
  3. Montoya v. CRST Expedited, Inc.District Court, District of Columbia · 2018
  4. Rudy v. City of LowellDistrict Court, D. Massachusetts · 2011
  5. Lemieux v. City of HolyokeDistrict Court, D. Massachusetts · 2010

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