United States Sixth Circuit

A determination that plaintiffs' employer, a utility company, paid them on a salary basis, making them ineligible for time-and-a-half overtime compensation under the Fair Labor Standards Act is affirmed where the employer satisfied the Act's salary-basis exemption, and pay variations caused by sporadic under-reporting of plaintiffs' hours did not alter their exempt status.

Appellate Information

• Decided 04/14/2006
• Published 04/14/2006

Judges

• SUTTON, Circuit Judge., Before:  KENNEDY, MOORE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David R. Parker, Charfoos & Christensen, Detroit, Michigan, for Appellants.  Michael A. Alaimo, Miller, Canfield, Paddock & Stone, Detroit, Michigan, for Appellee.   ON BRIEF:  David R. Parker, Ian B. Bourgoine, Charfoos & Christensen, Detroit, Michigan, for Appellants.   Michael A. Alaimo, Peter W. Waldmeir, Miller, Canfield, Paddock & Stone, Detroit, Michigan, for Appellee.