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COM., LABOR CABINET v. HASKEN

Nos. 2005-CA-001949-MR, 2005-CA-001970-MR, 2005-CA-001971-MR.

265 S.W.3d 215 (2007)

COMMONWEALTH of Kentucky, LABOR CABINET, a/k/a Commonwealth of Kentucky, Environmental and Public Protection Cabinet, Department of Labor, Appellant, v. Michael R. HASKEN, Sr., and other individual Appellees as Designated in the Notice of Appeal; City of Louisville; and Louisville/Jefferson County Metro Government, Appellees. And: Michael R. Hasken, Sr., and other individual Cross-Appellants as Designated in the Notice of Appeal, Cross-Appellants, v. Commonwealth of Kentucky, Labor Cabinet a/k/a Commonwealth of Kentucky, Environmental and Public Protection Cabinet, Department of Labor; and City of Louisville, Cross-Appellees. And: Metro Louisville/Jefferson County Government; and City of Louisville, Appellants, v. Michael R. Hasken, Sr., and Other individual Appellees as Designated in the Notice of Appeal, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 15, 2008.

Attorney(s) appearing for the Case

Edwin S. Hopson, Mitzi D. Wyrick, Angela McCorkle Buckler, Louisville, KY, for appellants/cross-appellees, City of Louisville and Louisville/Jefferson County Metro Government.

Douglas L. Steele, Thomas A. Woodley, Washington, D.C., Herbert L. Segal, Louisville, KY, for appellees, Michael J. Kurtsinger, Louisville Professional Fire Fighters Local 345, et al.

John D. Parsons, Frankfort, KY, Briefs for appellees/cross-appellants, Commonwealth of Kentucky, Department of Labor.

Ann B. Oldfather, Vicki L. Buba, Louisville, KY, for appellees/cross-appellants, Hasken, Plaintiffs.

Before ACREE and LAMBERT, Judges; KNOPF, Senior Judge.

OPINION

ACREE, Judge.

This is an appeal from a Jefferson Circuit Court's decision to modify the Final Order of the Secretary of the Department of Labor (Secretary) by reinstating the Hearing Officer's Recommended Order determinative of overtime pay for Louisville firefighters. Also at issue is a cross-appeal from the circuit court's decision to uphold the Final Order of the Secretary excluding the firefighters' Clothing Allowances from the calculation...

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