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LAMBERT v. ACKERLEY

Nos. 96-36017, 96-36266 and 96-36267.

180 F.3d 997 (1999)

Laura A. LAMBERT; Esther Ackley; Steve Belling; Pat Cooke; Letitia Selk; and Chuck Viltz, Plaintiffs-Appellees-Cross-Appellants, v. Barry ACKERLEY; William Ackerley; Seattle Supersonics, Inc., a Former Washington Corporation; SSI Sports, Inc., a Washington Corporation; and Full House Sports & Entertainment, Inc., a Washington Corporation, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1998.

Rehearing Granted and Opinion Withdrawn March 9, 1999.

Argued and Submitted April 22, 1999.

Filed June 10, 1999.

Attorney(s) appearing for the Case

Spencer Hall, John W. Widell, Hall Zanzig Widell PLLC, Seattle, Washington, and Kathryn Y. Kim, Mundt MacGregor L.L.P., Seattle, Washington, for the plaintiffs-appellees-cross-appellants.

Eric M. Rubin, Walter Diercks, Rubin, Winston, Diercks, Harris & Cooke, Washington, D.C., Andrew L. Frey, Mayer, Brown & Platt, New York, New York, Robert P. Davis, Donald M. Falk, Miriam R. Nemetz, Mayer, Brown & Platt, Washington, D.C., for the defendants-appellants-cross-appellees.

Jennifer S. Goldstein, U.S. Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., for amicus curiae.

Before: BROWNING, PREGERSON, REINHARDT, FERNANDEZ, RYMER, T. G. NELSON, TASHIMA, THOMAS, SILVERMAN, WARDLAW, and FLETCHER, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn March 9, 1999.

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge RYMER.

REINHARDT, Circuit Judge:

This case presents a question of considerable importance to the workers in this circuit who rely on the protections afforded by the Fair Labor Standards Act ("FLSA" or the "Act"). We must resolve whether the anti-retaliation provision...

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