NICHOLSON v. WORLD BUSINESS NETWORK, INC.

No. 95-9575.

105 F.3d 1361 (1997)

Charles E. NICHOLSON, John W. Smith, Plaintiffs-Appellants, v. WORLD BUSINESS NETWORK, INC.; World Charities, Inc.; World Lottery Services; Edward M. Peabody; N.D. McCullar, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 18, 1997.


Attorney(s) appearing for the Case

Glenn Mitchell Embree, James L. Stine, Elizabeth K. Dorminey, and James W. Wimberly, Wimberly & Lawson, Atlanta, GA, for Plaintiffs-Appellants.

J. Samuel Choate, Jr., Squires & Choate, P.L.C., Alexandria, VA, for Peabody.

Elizabeth B. Thompson, and Randolph A. Mayer, Mayer & Beal, Atlanta, GA, for N.D. McCullar.

Before ANDERSON and CARNES, Circuit Judges, and CUDAHY, Senior Circuit Judge.


CUDAHY, Senior Circuit Judge.

If an employer fails to pay managerial employees the salary owed them, can the employees not only assert breach of contract but also invoke federal labor law? Charles Nicholson and John Smith, the plaintiff-appellants, argue that they can.

Employees with the kind of jobs that Nicholson and Smith had cannot generally look to the Fair Labor Standards Act (FLSA) for protection, for the FLSA does not apply to "administrative employees...

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