United States Eleventh Circuit

In an action by fire investigators for the City of Montgomery's fire department seeking overtime pay from the city, summary judgment for defendant is reversed where 29 U.S.C. section 203(y) did not render obsolete a Department of Labor regulation, the "dual assignment" provision of 29 C.F.R. section 553.213, which controlled public agency payments of overtime to employees who performed both fire protection and law enforcement activities.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

• WILSON, Circuit Judge:, Before HULL, WILSON and FARRIS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• William Richard Davis, Charles Michael Herrington, Davis & Herrington, Montgomery, AL, Heather Newsom Leonard, Heather Leonard, P.C., Birmingham, AL, for Plaintiffs-Appellants.


• For Appellees:
  
• Wallace D. Mills, Montgomery, AL, for Defendant-Appellee.