Gerald R. MUELLER, James A. Andreshak, and Frederick Moeller, on behalf of themselves and all other employees of the State of Wisconsin similarly situated, et al., Plaintiffs-Appellants,
v.
Robert B. REICH, Secretary of Labor, and United States Department of Labor, Defendants-Appellants, and
Charles H. THOMPSON, Secretary, Wisconsin Department of Transportation; Wisconsin Department of Transportation; et al., Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued April 5, 1995.
Decided May 15, 1995.
Rehearing and Suggestion for Rehearing Denied July 12, 1995.
Attorney(s) appearing for the Case
Michael E. Banks (argued), Kelly & Haus, Madison, WI, for Gerald R. Mueller, James A. Andreshak, Frederick Moeller, David Tamblyn, David Dahlk, Melvin Sensenbrenner, Richard Nelson, Roger Bohn, David Buschkopf, Curtis Paulson, Thomas M. Stemrich, Terry D. Cook, Gerard Swim, Robert Grosch, Vernon Carlson, State Engineering Ass'n.
Jennifer Sloan Lattis, Asst. Atty. Gen., Wisconsin Dept. of Justice, Richard Briles Moriarty (argued), Wisconsin Dept. of Justice, Madison, WI, for James Klauser, Carroll D. Besadny, Gerald Whitburn, Carol N. Skornicka, Jon E. Litscher, Dept. of Health and Social Services, Dept. of Employment Relations, Dept. of Transp., Dept. of Admin., Dept. of Industry, Labor and Human Relations, Dept. of Health & Human Services, Charles H. Thompson, George Meyer, Public Service Com'n, George K. Steil, Sr., Bd. of Regents of University of Wisconsin System, State of Wis.
Paul Frieden (argued), Dept. of Labor, Office of Sol., Washington, DC, for Robert B. Reich, Dept. of Labor.
Christine O. Gregoire, Office of Atty. Gen. of Wash., Olympia, WA, for State of Wash., amicus curiae.
Bruce F. Ehlke, Aaron N. Halstead, Shneidman, Myers, Dowling & Blumenfield, Madison, WI, for American Federation of State, County and Mun. Employees, AFL-CIO, District Council 40.
Before POSNER, Chief Judge, and CUMMINGS and MANION, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied July 12, 1995.
POSNER, Chief Judge.
This is a class action on behalf of certain engineers employed by the State of Wisconsin, seeking overtime pay to which the plaintiffs claim to be entitled by the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. The Act exempts bona fide executive, administrative, and professional employees, § 213(a)(1); and the state claims, and the district court...
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