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RENFRO v. INDIANA MICHIGAN POWER CO.

No. 06-1935.

497 F.3d 573 (2007)

Kurt RENFRO; William Southworth; Richard Peterson; James Fitchuk, individually and as Class Representatives on behalf of other persons similarly situated, Plaintiffs-Appellees, v. INDIANA MICHIGAN POWER COMPANY, d/b/a American Electric Power, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2007.

Attorney(s) appearing for the Case

ARGUED: Joseph J. Vogan, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Michigan, for Appellant. Stephen D. Turner, Clark Hill, Grand Rapids, Michigan, for Appellees. ON BRIEF: Joseph J. Vogan, Peter A. Smit, Elizabeth Wells Skaggs, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Michigan, for Appellant. Stephen D. Turner, Gregory N. Longworth, Clark Hill, Grand Rapids, Michigan, for Appellees.

Before: ROGERS and COOK, Circuit Judges; and O'MALLEY, District Judge.

COOK, J., delivered the opinion of the court, in which ROGERS, J., joined. O'MALLEY, D.J. (p. 578), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

This case requires us to consider for the second time whether certain American Electric Power (AEP) employees are exempt from the Fair Labor Standards Act's (FLSA) overtime regulations. In Renfro v. Ind. Mich. Power Co. (Renfro I), 370 F.3d 512

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