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NORTON v. WORTHEN VAN SERVICE, INC.

No. 86-1415.

839 F.2d 653 (1988)

Floyd NORTON, Arnold Pedersen, Robert Lee Remmick, and Steve Neiffer, on behalf of themselves and all other employees and former employees of Worthen Van Service, Inc. similarly situated, Plaintiffs-Appellants, v. WORTHEN VAN SERVICE, INC., a Wyoming corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 17, 1988.

Attorney(s) appearing for the Case

Jay C. Shultz (Gregory A. Eiesland with him, on the briefs), of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, S.D., for plaintiffs-appellants.

David R. Gorsuch (Jane D. Smith with him, on the brief), of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colo., for defendant-appellee.

Before MOORE and ANDERSON, Circuit Judges, and PHILLIPS, District Judge.

JOHN P. MOORE, Circuit Judge.

This is an appeal from the district court's judgment dismissing plaintiffs' claim for back wages under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (FLSA). Plaintiffs Floyd Norton, Robert Remmick, and Steve Neiffer, argue on behalf of fifty-two current and former Worthen Van employees that the district court incorrectly decided time spent waiting on call did not constitute working...

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