United States Eighth Circuit

In an action brought by current and former firefighters to recover overtime pay that they claim is due them under the Fair Labor Standards Act (FLSA), grant of the defendant's motion for summary judgment and the denial of the plaintiffs' motion for partial summary judgment are both reversed where there is ambiguity as to precisely what the FLSA means when it says that each employee will be "credited".

Appellate Information

• Decided 09/29/2006
• Published 09/29/2006

Judges

• ARNOLD, Circuit Judge., Before ARNOLD and BEAM, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ellen Eardley, argued, Washington, DC (Thomas A. Woodley, David Ricksecker, Washington, DC, and Harvey A. Oliver, Jr., Aberdeen, SD, on the brief), for Appellant., Maria Van Buren, argued, U.S. Dept. of Labor, for amicus curiae, appellant.


• For Appellees:
  
• Melissa E. Neville, Aberdeen, SD (Kennith L. Gosch, on the brief), for appellee.