Rehearing and Suggestion for Rehearing En Banc Denied February 12, 1998.
DIANE P. WOOD, Circuit Judge.
In Auer v. Robbins, ___ U.S. ___, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997), the Supreme Court upheld the Secretary of Labor's "salary basis" test for determining an employee's exempt status from the overtime requirements of the Fair Labor Standards Act 9 (FLSA), 29 U.S.C. § 201 et seq., as it applied to public-sector employees. In so doing...
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