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CHAVEZ v. CITY OF ALBUQUERQUE

Nos. 09-2274, 09-2288.

630 F.3d 1300 (2011)

Patrick CHAVEZ, on behalf of himself and all other City employees who have been paid overtime that was improperly determined under the Fair Labor Standards Act; Jeannine Chavez; Rudy Campos; Michael Cocchiola; Fortino Ortega, on behalf of themselves and all other City employees who have been paid overtime that was improperly determined under 29 U.S.C.A. 207(a)(1) of the Fair Labor Standards Act; Robert C. Gutierrez, Plaintiffs-Appellants and Cross-Appellees, v. CITY OF ALBUQUERQUE, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

January 12, 2011.

Attorney(s) appearing for the Case

Paul Livingston , Attorney at Law, Placitas, NM, ( Sam Bregman and Eric Loman of Bregman & Loman, P.C., Albuquerque, NM, with him on the briefs), for Plaintiffs-Appellants and Cross-Appellees.

Edward W. Bergmann of Seyfarth Shaw LLP, Chicago, IL, ( Robert J. Perry , City Attorney, City of Albuquerque, NM; Michael I. Garcia , City of Albuquerque Legal Department, Albuquerque, NM; Jerry A. Walz of Walz & Associates, Cedar Crest, New Mexico, with him on the briefs), for Defendant-Appellee and Cross-Appellant.

Before BRISCOE, Chief Judge, HOLLOWAY, and O'BRIEN, Circuit Judges.

BRISCOE, Chief Judge.

This is a collective action brought under 29 U.S.C. § 216(b) by current and former employees (collectively, the Employees) of the defendant City of Albuquerque, New Mexico (the City), alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA). The FLSA generally requires employers to compensate overtime hours at one and one-half times an employee's "regular rate" of pay. The district

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