United States Ninth Circuit

Summary judgment for plaintiffs, fire department dispatchers and aeromedical technicians employed by defendant-city, in an action under the Fair Labor Standards Act (FLSA), is affirmed, where: 1) plaintiffs were entitled to standard overtime pay because they did not fall within an exemption for employees "engaged in fire protection;" 2) plaintiffs did not have the legal authority and responsibility to engage in fire suppression under FLSA sections 207(k) and 203(y); 3) the statute of limitations should be extended from two to three years because of defendant-city's willful violation of the FLSA; 4) liquidated damages should be awarded because defendant-city could not show good faith or reasonable grounds for violating the FLSA; and 5) offsets for overtime payments defendant-city had already made should be calculated on a week-by-week basis.

Appellate Information

• Decided 03/18/2014
• Published 03/18/2014

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel