United States First Circuit

In police officers' putative class action suit against a town claiming that the town failed to pay them sufficient overtime in violation of the FLSA, district court's grant of partial summary judgment holding that the town met the eligibility requirements for the public safety exception is affirmed where: 1) plaintiffs' argument that the town was required to notify affected employees before establishing a valid work period under section 207(k) is rejected; 2) the text of the statute, as well as caselaw, confirm that a public employer need only establish a section 207(k) compliant work period to claim the exemption's benefits without explicitly giving notice to affected employees, and here, the town has done so and is entitled to judgment; and 3) plaintiffs' claim that the district court abused its discretion by denying their motion to strike certain evidence is rejected.

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jack J. Canzoneri with whom Mark A. Hickernell, Alan J. McDonald, and McDonald Lamond & Canzoneri were on brief for the appellants.


• For Appellees:
  
• Christopher J. Petrini with whom Peter L. Mello and Petrini & Associates, P.C. were on brief for the appellee., John Foskett and Deutsch Williams Brooks Derensis & Holland, P.C. were on brief for amici curiae City Solicitors and Town Counsel Association, Massachusetts Municipal Association, and Massachusetts Chiefs of Police Association, Inc., in support of the appellee.