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DESMOND v. PNGI CHARLES TOWN GAMING, L.L.C.

No. 08-1216.

564 F.3d 688 (2009)

John DESMOND; Dana Witherspoon; M. Larry Sanders, Plaintiffs-Appellants, v. PNGI CHARLES TOWN GAMING, L.L.C., d/b/a Charles Town Races & Slots, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Paul B. Weiss, Martin & Seibert, LC, Martinsburg, West Virginia, for Appellants. Brian Michael Peterson, Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, for Appellee. ON BRIEF: Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge AGEE wrote the opinion, in which Judge DUNCAN and Senior Judge FABER joined.

OPINION

AGEE, Circuit Judge:

John Desmond, Dana Witherspoon, and M. Larry Sanders (collectively "the Former Employees") appeal from the award of summary judgment to their former employer, PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots ("Charles Town Gaming"). The district court held the Former Employees were barred as a matter of law from recovering unpaid overtime compensation under the Fair Labor Standards Act ("FLSA"), 29 U.S.C...

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