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PABST v. OKLAHOMA GAS & ELEC. CO.

Nos. 99-6108, 99-6150.

228 F.3d 1128 (2000)

Kathy PABST; James Gilley; and Steve Barton, Plaintiffs-Appellees and Cross-Appellants, v. OKLAHOMA GAS & ELECTRIC COMPANY, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 20, 2000.

Attorney(s) appearing for the Case

Deborah H. Bornstein, Gardner, Carton & Douglas, Chicago, Illinois (Hugh D. Rice, Roberta Browning Fields, Rainey, Ross, Rice & Binns, Oklahoma City, Oklahoma, and Katherine N. O'Connell, Gardner, Carton & Douglas, Chicago, Illinois, with her on the briefs), for the Defendant-Appellant and Cross-Appellee.

Andrew W. Lester (Susan B. Loving and Shannon F. Davies on the briefs), Lester, Loving & Davies, P.C., Edmond, Oklahoma, for the Plaintiffs-Appellees and Cross-Appellants.

Before SEYMOUR, Chief Judge, KELLY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

We again explore the question of when "on-call" time becomes sufficiently onerous to render it compensable under the Fair Labor Standards Act ("FLSA"). Surveying our precedents and applying them to the facts of this case, we conclude that plaintiffs' on-call duties requiring them to continually monitor automated alarms by pager and computer were compensable under the FLSA. In so holding, we reject...

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