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MARTIN v. INDIANA MICHIGAN POWER CO.

No. 02-2343.

381 F.3d 574 (2004)

Anthony MARTIN, Plaintiff-Appellant, v. INDIANA MICHIGAN POWER COMPANY, d/b/a American Electric Power, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 23, 2004.

Attorney(s) appearing for the Case

Stephen D. Turner (argued and briefed), Gregory N. Longworth (briefed), Law, Weathers & Richardson, Grand Rapids, MI, for Appellant.

Joseph J. Vogan (argued and briefed), Peter A. Smit (briefed), Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, for Appellee.

Before NORRIS and COLE, Circuit Judges; ECONOMUS, District Judge.

NORRIS, Circuit Judge (pp. 586-87), delivered a separate opinion concurring in part and dissenting in part.

OPINION

COLE, Circuit Judge.

Plaintiff-Appellant Anthony Martin claims that his employer, Indiana Michigan Power Company, d/b/a American Electric Power ("AEP"), violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-19, by failing to pay him time-and-a-half for hours worked in a given week in excess of forty hours. AEP counters...

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