Robert R. York, Cross-Appellants v. City of Wichita Falls, Texas, Cross-Appellee

CLARK, Chief Judge:

I

The City of Wichita Falls (City) appeals the district court’s grant of summary judgment in favor of the plaintiffs on their claim that the City violated § 8 of the 1985 amendments to the Fair Labor Standards Act (FLSA). 29 U.S.C. § 215 (Supp.1989) (Historical and Statutory Notes). The plaintiffs cross-appeal the district court’s determination of damages. Summary judgment was improper. The judgment appealed from is vacated and the cause is remanded for further proceedings.

II

On February 19, 1985, the Supreme Court in Garcia v. San Antonio Metro Transit Authority, 469 U.S.…