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WHITTINGTON v. STATE DEPT. OF PUBLIC SAFETY

No. 26,362.

45 P.3d 889 (2002)

132 N.M. 169

2002-NMSC-010

Stephen R. WHITTINGTON, et al., Plaintiffs-Petitioners, v. STATE of New Mexico DEPARTMENT OF PUBLIC SAFETY, Darren P. White, in his capacity as Secretary of the New Mexico Department of Public Safety, and Frank Taylor, in his capacity as the Chief of the New Mexico State Police, Defendants-Respondents.

Supreme Court of New Mexico.

March 27, 2002.

Attorney(s) appearing for the Case

Rowley Law Firm, P.C., Richard Rowley, Jill Henson, Clovis, NM, Jane Bloom Yohalem, Santa Fe, NM, for Petitioners.

Hinkle, Hensley, Shanor & Martin, L.L.P., Ellen Casey, S. Barry Paisner, Santa Fe, NM, for Respondents.

Butkus, Gay & Jahner, P.C., Carl J. Butkus, Albuquerque, NM, for Amicus Curiae John Raymond, et al.

OPINION

SERNA, Chief Justice.

{1} Plaintiffs-Petitioners, a group of state police officers employed by the Department of Public Safety, filed an action against the Department seeking payment for overtime wages. Plaintiffs' amended complaint contains three counts seeking relief under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201-219 (1994 & Supp. II 1996), and one count alleging a state claim for breach of contract. The...

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