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LUPIEN v. CITY OF MARLBOROUGH

No. 04-1188.

387 F.3d 83 (2004)

Stephan W. LUPIEN; Michael J. Amoros; Edwin J. Baduski; Robert Bonina; Gregory P. Brewster; John Brogan; Thomas Bryant; Anthony Evangelous; David J. Garceau; Richard Gaudette; David A. Giorgi; Michael J. Gough; Timothy Harpin; Patrick Hogan; Robert Insani; Derek L. Johnson; Joanne Jusseaume; Robert J. Jusseaume; Charles Leahy; Richard Mahoney; Frederick Malloy, Jr.; John A. Manning; Paul F. McCarthy; Richard T. McDevitt; Kenneth V. McKenzie, Jr.; James N. Metivier; Ronald Ney; Richard Oldroyd; Joseph Pacific; James C. Polymeros; Joseph A. Rielly; David R. Roberts; Mercedes Roman; Michael J. Ryan; Martha A. Shea; Brian R. Theis; Louis J. Turieo, Jr.; Alan Vorce; Borden Wicks; Catherine Winchester; James P. Zichella; Peter E. Bradley; Scott Deciero; John P. Graham, Jr.; James P. Gough; Matthew Happapes; Brian A. Langezier; Andrew Larose; Christopher S. Leduc; Frank N. Masciarelli, III; Keith Moso; Robert W. Sibilio, Jr., Plaintiffs, Appellants, v. CITY OF MARLBOROUGH; Marlborough Police Department, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 28, 2004.

Attorney(s) appearing for the Case

Jack J. Canzoneri, with whom McDonald & Associates, Michael T. Leibig and Leibig, Zwerdling, L.L.C. were on brief, for appellants.

Mark M. Whitney, with whom Keith H. McCown and Morgan, Brown & Joy, LLP were on brief, for appellees.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

Police officers currently or formerly employed by the Marlborough Police Department ("plaintiffs") filed suit on April 20, 2001, against the City of Marlborough, Massachusetts, and its Police Department (collectively referred to as the "City"), alleging that the City had operated an unlawful "comp time" (compensatory time, or paid time off) system that violated Section 207(o) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201...

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