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PARKER v. NUTRISYSTEM, INC.

No. 09-3545.

620 F.3d 274 (2010)

Adrian E. PARKER, Individually and on behalf of all others similarly situated v. NUTRISYSTEM, INC. Deloris Wynn, Administratrix of the Estate of Adrian E. Parker; Donald J. Wilson; Frank L. Stephens, IV; Monica Thompson; Senya Saunders, Appellants (Pursuant to Rule 12(a), Fed. R.App. P.) (Pursuant to Rule 43(a)(1), Fed. R.App. P.).

United States Court of Appeals, Third Circuit.

Filed: September 7, 2010.

Attorney(s) appearing for the Case

Shanon J. Carson (Argued), Ellen T. Noteware , Berger & Montague, Philadelphia, PA, R. Andrew Santillo , Peter D. Winebrake , The Winebrake Law Firm, Dresher, PA, for Appellants.

Sarah E. Bouchard (Argued), Katherine E. Kenny , Jonathan S. Krause , Morgan, Lewis & Bockius, Philadelphia, PA, for Appellee.

Paul L. Frieden , Laura Moskowitz (Argued), United States Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae, Secretary of Labor.

David A. Borgen , Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, for Amicus Curiae, National Employment Lawyers Association, Comité De Apoyo A Los Trabajadores Agrícolas, Community Legal Services, Cornell Labor Law Clinic, Friends of Farmworkers, Juntos, National Lawyers Guild Labor and Employment Committee, Southern Poverty Law Center, The Sugar Law Center, and Working Hands Legal Clinic.

Before: SMITH, FISHER and COWEN, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal arises from an order of the District Court, entered July 30, 2009, granting Appellee NutriSystem, Inc.'s ("NutriSystem") motion for summary judgment on Appellants' claims for past overtime payments based on violations of the Fair Labor Standards Act ("FLSA" or the "Act"), 29 U.S.C. § 201, et seq.1 We must decide whether the District Court correctly concluded...

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