Legal Opinion

Charles E. Smith v. The City of Jackson, Mississippi

Court of Appeals for the Fifth Circuit

Decided February 27, 1992No. 90-1953PublishedCited by 44 opinions

1Opinion of the Court

POLITZ, Chief Judge:

The City of Jackson, Mississippi appeals an adverse judgment on jury verdict for overtime pay which certain firefighters claimed under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219. Concluding that FLSA exempts the plaintiffs from the overtime pay requirement we reverse.

Background

Plaintiffs are either district or battalion chiefs in the Combat Division of the City of Jackson Fire Department. A fire chief heads the department; a deputy chief heads the Combat Division. Those two administrators set department policy. The Combat Division performs the firefighting duties…

2Cases cited5 opinions

  1. Corning Glass Works v. BrennanSupreme Court of the United States · 1974
  2. Edward W. Dalheim v. Kdfw-TvCourt of Appeals for the Fifth Circuit · 1990
  3. Donald Blackmon and Richard Glen Deyoung v. Brookshire Grocery CompanyCourt of Appeals for the Fifth Circuit · 1988
  4. Travis Paul v. Petroleum Equipment Tools Co.Court of Appeals for the Fifth Circuit · 1983
  5. G.W. Cobb v. Finest Foods, Inc., D/B/A a & G CafeteriasCourt of Appeals for the Fifth Circuit · 1985

3Cited by44 opinions

  1. Vela v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001
  2. Singer v. City of Waco, TexasCourt of Appeals for the Fifth Circuit · 2003
  3. Lott v. Howard Wilson Chrysler-Plymouth, Inc.Court of Appeals for the Fifth Circuit · 2000
  4. Department of Labor, Robert Reich, Secretary, Plaintiff-Appellee/cross-Appellant v. City of Sapulpa, Oklahoma, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Tenth Circuit · 1994
  5. Jay Webster Janet Webster, Husband and Wife and the Marital Communitycomposed Thereof v. Public School Employees of Washington, Inc.Court of Appeals for the Ninth Circuit · 2001

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