United States Fourth Circuit

In a case brought under the Fair Labor Standards Act by horse race employees seeking overtime compensation, summary judgment for Defendant-employer is reversed where the indispensability of the employee to the business could not be the basis for determining whether the position was directly related to the employer's general business operations.

Appellate Information

• Decided 04/30/2009
• Published 04/30/2009

Judges

• Before DUNCAN and AGEE, Circuit Judges, and DAVID A. FABER, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul B. Weiss, Martin & Seibert, LC, Martinsburg, West Virginia, for Appellants.  Brian Michael Peterson, Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, for Appellee.   ON BRIEF:  Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, for Appellee.