United States Fourth Circuit

In breach of contract and fraud action, summary judgment for defendants on state law claims, and partial summary judgment for plaintiffs on minimum wage violation are affirmed as: 1) appellees did not breach a contract as they never paid the purchase price to exercise the option; and 2) appellant was a nonexempt employee entitled to minimum wage under the FLSA but appellees' violation of the FLSA was not willful.

Appellate Information

• Argued 03/13/2007
• Decided 07/05/2007
• Published 07/05/2007

Judges

• Before SHEDD and DUNCAN, Circuit Judges, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brad D. Weiss, Charapp & Weiss, L.L.P., McLean, Virginia, for Appellants/Cross-Appellees.  John Francis Scalia, Greenberg & Traurig, L.L.P., McLean, Virginia, for Appellees/Cross-Appellant.   ON BRIEF:  Stephen F. Varholy, Charapp & Weiss, L.L.P., McLean, Virginia, for Appellants/Cross-Appellees.  Kevin B. Bedell, Greenberg & Traurig, L.L.P., McLean, Virginia, for Appellees/Cross-Appellant.  Jonathan L. Snare, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, for Appellate Litigation, Joanna Hull, Attorney, United States Department of Labor, Office of the Solicitor, Washington, D.C., for the Secretary of Labor, Amicus Curiae.