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ABSHIRE v. COUNTY OF KERN

No. 88-15154.

908 F.2d 483 (1990)

Dan ABSHIRE, Dennis Carroll, Larry Frank, Bill Rickman, Tom Blackmon, Richard Pellerin, Billie McKenzie, Bob Temple, Barry Schulz, Jim Chapman, Bob Turner, and Steve McLemore, Plaintiffs-Appellants, v. COUNTY OF KERN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1990.

Attorney(s) appearing for the Case

Duane W. Reno, Davis, Reno & Courtney, San Francisco, Cal., for plaintiffs-appellants.

B.C. Barmann, County Counsel, Robert D. Woods, Chief Deputy — Litigation, County of Kern, Bakersfield, Cal., for the defendant-appellee.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

REINHARDT, Circuit Judge:

At issue in the instant appeal is whether employees whose pay is subject to deduction for absences of less than a day are paid "on a salary basis" according to the regulations implementing the Fair Labor Standards Act. We conclude that they are not, and that therefore such employees are not "bona fide executives" exempt from the protections of the Act.

Appellants, Battalion Chiefs in the Kern County Fire Department ("Department")...

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