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United States First Circuit


KEARNEY v. TOWN OF WAREHAM, 02-1264

The Fair Labor Standards Act (FLSA) does not constrain an employer who, despite harboring animosity toward an FLSA claimant, makes employment decisions on other grounds, and does so with due deliberation and objectivity, thus a retaliatory termination claim was not actionable.

Appellate Information

  • Decided 12/10/2002
  • Published 12/10/2002

Judges

  • SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Robert J. Murphy, with whom Holbrook & Murphy was on brief, for appellant.

  • For Appellees:
  • Joseph L. Tehan, Jr., with whom Katharine Goree Doyle and Kopelman and Paige, P.C. were on brief, for appellees.
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