John Orton v. Johnny's Lunch Franchise, LLC
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMoore, J., joined by Mays, D.J.,
MERRITT, J. (p. 850-51), delivered a separate concurring opinion.
OPINION
KAREN NELSON MOORE, Circuit Judge.
John Orton appeals from the district court’s dismissal of his claims against Johnny’s Lunch Franchise, LLC, and Anthony Calamunei for unpaid wages and expenses from August 2008 to December 2008. Orton sued under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., and various state laws. The district court granted the defendants’ motion to dismiss the FLSA claim on the ground that Orton was an exempt salaried employee and subsequently dismissed the remaining state-law claims.…
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