David Rutlin v. Prime Succession, Inc. Kerley & Starks Funeral Homes, Inc., Jointly and Severally
Court of Appeals for the Sixth Circuit
1Opinion of the CourtCole, J., joined by Norris, J.,
MOORE, J. (pp. 744-52), delivered a separate dissenting opinion.
OPINION
COLE, Circuit Judge.
David Rutlin, a licensed funeral director and embalmer, filed this action against his former employer under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., claiming that he was not compensated for his overtime services and on-call time. The district court granted partial summary judgment to each party, finding, inter alia, that Rutlin was a professional and, therefore, exempt from the overtime requirements of the FLSA. The district court further found that Rutlin’s on-call time was not so…
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