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MUELLER v. THOMPSON

No. 94-3262.

133 F.3d 1063 (1998)

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. Charles H. THOMPSON, Secretary, Department of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1998.

Attorney(s) appearing for the Case

William Haus (argued in Dkt. No. 94-3263), Lauri Roman, Michael E. Banks (argued in Dkt. No. 94-3262), Kelly & Haus, Madison, WI, for Plaintiff-Appellant Gerald R. Mueller.

Lauri Roman, Kelly & Haus, Madison, WI, for Plaintiffs-Appellants in Dkt. No. 94-3262.

William Haus, Lauri Roman, Michael E. Banks, Kelly & Haus, Madison, WI, for Plaintiffs-Appellants in Dkt. No. 94-3263.

Jennifer Sloan Lattis, Office of the Attorney General, Richard Briles Moriarty (argued for James Klauser), Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.

Paul Frieden, Department of Labor, Office of the Solicitor, Washington, DC, for Defendants-Appellees Robert B. Reich and United States Department of Labor.

Christine O. Gregoire, Office of the Attorney General of Washington, Olympia, WA, for Amicus Curiae State of Washington.

Bruce F. Ehlke, Aaron N. Halstead, Shneidman, Myers, Dowling & Blumenfield, Madison, WI, for Amicus Curiae Local 2912 American Federation of State, County and Municipal Employees, AFL-CIO, Council 31.

Before POSNER, Chief Judge, and CUMMINGS and MANION, Circuit Judges.

POSNER, Chief Judge.

The plaintiffs, employees of the State of Wisconsin, brought this suit in a federal district court in Wisconsin against the State for overtime pay to which they claim to be entitled by the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. The U.S. Secretary of Labor was gratuitously named as an additional defendant, merely because the plaintiffs wanted to invalidate a regulation that he had issued under the Act; there was neither...

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