Legal Opinion
Abshire v. County of Kern
Court of Appeals for the Ninth Circuit
Decided July 11, 1990No. 88-15154PublishedCited by 106 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
At issue in the instant appeal is whether employees whose pay is subject to deduction for absences of less than a day are paid “on a salary basis” according to the regulations implementing the Fair Labor Standards Act. We conclude that they are not, and that therefore such employees are not “bona fide executives” exempt from the protections of the Act.
Appellants, Battalion Chiefs in the Kern County Fire Department (“Department”), brought a class action against Kern County (“County”) seeking back overtime pay plus interest allegedly due them under the overtime…
2Cases cited15 opinions
- Corning Glass Works v. BrennanSupreme Court of the United States · 1974
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
- Icicle Seafoods, Inc. v. WorthingtonSupreme Court of the United States · 1986
- Mitchell v. Lublin, McGaughy & AssociatesSupreme Court of the United States · 1959
- William E. Brock, Secretary of Labor, United States Department of Labor v. The Claridge Hotel and CasinoCourt of Appeals for the Third Circuit · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Hoffmann v. Sbarro, Inc.District Court, S.D. New York · 1997
- Victor Lopez v. Corporacion Azucarera De Puerto RicoCourt of Appeals for the First Circuit · 1991
- Wegner v. Standard InsuranceCourt of Appeals for the Fifth Circuit · 1997
- Lynn Martin, Secretary of Labor, United States Department of Labor v. Malcolm Pirnie, Inc.Court of Appeals for the Second Circuit · 1991
101 more not listed; retrieve them via the Exa API.