United States Eighth Circuit

In an action alleging failure to pay overtime compensation in violation of the Fair Labor Standards Act, district court judgment for defendant is affirmed where: 1) the court is precluded from considering the district court's denial of plaintiffs' motion for summary judgment as the issues presented in the case were questions of material fact; 2) the court cannot consider the issue of whether the district court erred in denying plaintiffs' Fed. R. Civ. P. 50(a) motion regarding whether sufficient evidence supported the jury's verdict as plaintiffs failed to file a Fed. R. Civ. P. 50(b) motion; and 3) the district court did not err in its jury instructions concerning the employer's duty to examine certain logs for payroll purposes and the burden of proof as to mealtime compensation.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles E. Gribble, argued, Des Moines, IA, for Appellant.


• For Appellees:
  
• Sharese A. Manker, argued, Douglas L. Phillips, on the brief, Sioux City, IA, for Appellee.