United States Eighth Circuit

Howser v. ABB, Inc., 06-3403

In an action against employer for an alleged violation of FLSA in denying compensation for the time which employee spent at medical appointments, summary judgment for employee is affirmed over claims that: 1) employee failed to present sufficient evidence showing attendance of medical appointment at the direction of the company; 2) a waiver of FLSA rights when employee chose to take an unpaid excused absence for the time missed; and 3) even if FLSA rights are non-waivable, employee is not entitled to the full amount of time away from work.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• GOLDBERG, Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jerry M. Hunter, argued, Heidi Kuns Durr, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Gerald Kretmar, St. Louis, MO, argued, for appellee.