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ARCHULETA v. WAL-MART STORES, INC.

No. 07-1065.

543 F.3d 1226 (2008)

Jerry ARCHULETA, Billy Presley, Cindy Wacaster, Michael Fiorenzi, for and on behalf of themselves and other employees similarly situated, Plaintiffs-Appellants, v. WAL-MART STORES, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 6, 2008.

Attorney(s) appearing for the Case

Gerald L. Bader, Jr., Bader & Associates, LLC, Aurora, Colorado (Renee B. Taylor, Bader & Associates, LLC, Aurora, CO; Franklin D. Azar, Franklin D. Azar & Associates, Aurora, CO, with him on the briefs) for Plaintiffs-Appellants.

Steven J. Merker (Gregory S. Tamkin with him on the brief), Dorsey & Whitney LLP, Denver, CO, for Defendant-Appellee.

Before BRISCOE, EBEL and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

Although the Fair Labor Standards Act ("FLSA") generally requires an employer to pay its employees at a rate of one and one-half times their regular rate of pay for any time worked in excess of forty hours in a given workweek, it exempts from this requirement "executive, administrative or professional" employees. At issue here is whether full-time pharmacists working for Wal-Mart Stores, Inc. from 1993 through 1998 fell within this exemption....

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