IDOWU v. NESBITT

Court of Appeals No. 13CA0801.

338 P.3d 1078 (2014)

2014 COA 97

Anthonia IDOWU; Anne Steele; and Mary Whitfield, Plaintiffs-Appellants, v. Kathy NESBITT, in her official capacity as Executive Director of the Colorado Department of Personnel and Administration; Colorado Department of Personnel and Administration; and Colorado Department of Human Services, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced July 31, 2014.


Attorney(s) appearing for the Case

Schwane Law, LLC, Mark Schwane , Denver, Colorado, for Plaintiffs-Appellants

John W. Suthers , Attorney General, Tricia A. Leakey , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Kathy Nesbitt, and the Colorado Department of Personnel and Administration

John W. Suthers , Attorney General, Michelle Brissette Miller , First Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Department of Human Services


Opinion by JUDGE DAILEY

¶ 1 In this dispute over the right to overtime compensation, plaintiffs, Anthonia Idowu, Anne Steele, and Mary Whitfield, appeal the district court's judgment upholding the decision of defendant, Kathy Nesbitt, in her official capacity as Executive Director of the Colorado Department of Personnel and Administration (the Director).

¶ 2 This case presents an issue of first impression in Colorado: Can a state agency...

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