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BERRY v. COUNTY OF SONOMA

No. C-89-4476 SAW.

763 F.Supp. 1055 (1991)

Gregory BERRY, Phillip Marcus, Dennis McAllister, Francis Oravetz, Plaintiffs, v. COUNTY OF SONOMA, Sonoma County Sheriff's Department, Sonoma County Board of Supervisors, Janet Nicholas, James Harberson, Time Smith, Nick Esposti, Ernest Carpenter, Richard Michaelson, Defendants.

United States District Court, N.D. California.

March 28, 1991.

Attorney(s) appearing for the Case

W. David Holsberry, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiffs.

Geary, Shea, O'Donnell & Grattan, Santa Rosa, Cal., for defendants.

MEMORANDUM AND ORDER

WEIGEL, District Judge.

The question presented in this case is whether the Fair Labor Standards Act of 1938 ("the FLSA"), 29 U.S.C. §§ 201 et seq., requires defendants to pay overtime compensation to plaintiffs for each hour spent "on-call" from December 1986 to the present. This action was brought by Gregory Berry, Philip Marcus, Dennis McAllister, and Francis Oravetz, current and former deputy coroners employed by...

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