1. Home
  2. Browse Decisions
  3. F.3d
  4. 395 F.3d
  5. 395 F.3d 1177 (2005)
 

IN RE WAL-MART STORES, INC.

Nos. 03-1432, 03-1434 and 03-1473.

395 F.3d 1177 (2005)

In re WAL-MART STORES, INC., FAIR LABOR STANDARDS ACT LITIGATION, MDL 1139, Jerry Archuleta; Billy Presley; Cindy Wacaster; Michael Fiorenzi, for and on behalf of themselves and other employees similarly situated, Plaintiffs-Appellees, v. Wal-Mart Stores, Inc., a Delaware corporation, Defendant-Appellant. Joel D. Yates, II; Jeffrey Goetzinger; Robert Berry; Walter Lane Henkhaus, Jr., for and on behalf of themselves and other employees similarly situated, Plaintiffs-Appellees, v. Wal-Mart Stores, Inc., a Delaware corporation, Defendant-Appellant. Chris Henderson, individually and as representative of all other District and Regional Managers similarly situated, Defendant.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing February 28, 2005.

Attorney(s) appearing for the Case

Steven J. Merker of Dorsey & Whitney LLP, Denver, CO (Gregory S. Tamkin of Dorsey & Whitney LLP, Denver, CO; Robert P. Davis and David M. Gossett of Mayer, Brown, Rowe & Maw LLP, Washington, D.C., with him on the briefs), for Defendant-Appellant.

Gerald L. Bader, Jr. of Bader & Associates, LLC, Aurora, CO (Renee B. Taylor of Bader & Associates, LLC, Aurora, CO; Franklin D. Azar and Jon Neil Barclay of Franklin D. Azar & Associates, Aurora, CO, with him on the brief), for Plaintiffs-Appellees.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., an employer may not employ a person for more than 40 hours per workweek unless the employee receives overtime compensation of at least one-and-a-half times the regular hourly rate for hours exceeding 40. Id. at § 207(a)(2)(c). The FLSA creates an exemption to its overtime requirement, however, for people "employed in a bona fide executive, administrative...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases