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CLEMENTS v. SERCO, INC.

Nos. 06-4316, 07-4005.

530 F.3d 1224 (2008)

Gary CLEMENTS and David Gerber, Plaintiffs-Appellees/Cross-Appellants, v. SERCO, INC., Defendant-Appellant/Cross-Appellee, Fairfax County Chamber of Commerce, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 1, 2008.

Attorney(s) appearing for the Case

Lino S. Lipinsky de Orlov (Herbert L. Fenster and Jennette Campopiano Roberts with him on the briefs), McKenna Long & Aldridge LLP, Denver, CO, for Defendant-Appellant/Cross-Appellee.

Richard M. Hymas (Erin T. Middleton with him on the briefs), Durham Jones & Pinegar, Salt Lake City, UT, for Plaintiffs-Appellees/Cross-Appellants.

Daniel B. Abrahams and Shlomo D. Katz, Epstein Becker & Green, P.C., Washington, D.C., on the brief for Amicus Curiae.

Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

Serco, Inc. ("Serco") appeals the district court's ruling on summary judgment that civilian military recruiters employed by the company are entitled to overtime compensation under the Fair Labor Standards Act ("FLSA"). We conclude that because Serco's employees did not obtain commitments from recruits, they were not engaged in sales. They therefore do not fall under FLSA's "outside salesmen" exemption. The employees, Gary Clement and David Gerber...

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