GRIFFIN v. WAKE COUNTY

No. 97-1136.

142 F.3d 712 (1998)

Patricia D. GRIFFIN; Michael E. Poole; David W. Wrench; Phillip A. Ziady; Rebecca M. Ziady; Frankie Bailey; Ricky V. Bowling; Darin W.S. Bradley; Virginia K. Bruchi; Timothy Ward Bullock; Rebecca A. Clauss; Bobby S. Cockrell; Christopher Allen Colangelo; Stuart Douglas Coward, IV; Thomas Edward Davenport, II; Troy A. Davis; Scott Peter Del Pozzo; Peter C. Eure, Jr.; Edith P. Evans; Thomas Troy Gardner; Patsy O. Gentry; Mark D. Gottlieb; Jeffrey Stephen Hamerstein; Richard G. Hardin; Christopher D. Hendges; Rohn F. Hull; Amy Elizabeth Humphrey; Frederick C. Hutchins; Mark Kevin Justice; Joseph S. Kimrey; J. Paul Kumhyr; William S. Landon; Curtis L. Lowe; David William Minor; Dwight E. Minor; Edward Dennis Moxin; Michael William Norton; Bryan Everett Perry; Wallace Earl Piper; Christopher Paul Pitre; Robert D. Powers; Jerry B. Radford; Joseph W. Robbins, Jr.; Dwayne C. Smith; Scott C. Toth; Lee M. Van Vleet; Ardie C. Watkins; Philip Wayne Wheeler; Sean Roibin Woolrich, Plaintiffs-Appellants, v. WAKE COUNTY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 27, 1998.


Attorney(s) appearing for the Case

ARGUED: Marvin Schiller, Raleigh, NC, for Appellants. Shelley Tager Eason, Wake County Attorney's Office, Raleigh, NC, for Appellee. ON BRIEF: Michael R. Ferrell, Wake County Attorney's Office, Raleigh, NC, for Appellee.

Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Senior Judge CLARKE joined.

OPINION

WILKINSON, Chief Judge:

A class of emergency medical technicians (EMTs) employed by Wake County, North Carolina, allege that the County erroneously paid them a half-time overtime premium according to the "fluctuating workweek" pay plan rather than the standard time-and-a-half overtime compensation under the Fair Labor...

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