FAST v. APPLEBEE'S INTERN., INC.

Nos. 10-1725, 10-1726.

638 F.3d 872 (2011)

Gerald A. FAST; Talisha Cheshire; Brady Gehrling, Appellees/Cross-Appellants, v. APPLEBEE'S INTERNATIONAL, INC., Appellant/Cross-Appellee. National Employment Lawyers Association; Secretary of Labor, United States Department of Labor, Amici on behalf of Appellees/Cross-Appellants, National Council of Chain Restaurants; National Restaurant Association, Amici on behalf of Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 21, 2011.


Attorney(s) appearing for the Case

Daniel B. Bontright , argued, S. Jane Bruer , on the brief, Kansas City, MO, for appellant/cross-appellee.

Lisa S. Blatt , Robert A. Schwartz , and Rachel L. Frankel , on the brief, Washington, D.C., for Amicus National Council of Chain Restaurants in support of appellant.

Peter G. Kilgore , Washington, D.C., and Francis X. Neuner, Jr. , St. Louis, MO, on the brief, for Amicus National Restaurant Association in support of appellant.

Matthew A. Clement , argued, Timothy W. VanRonzelen , Kari A. Schulte , Charles A. Gentry and Jason H. Ludwig , on the brief, Jefferson City, MO, for appellees/cross-appellants.

Jamie G. Sypulski , Douglas M. Werman , Chicago, IL, Richard J. Burch , Houston, TX, and Rebecca M. Hamburg , San Francisco, CA, on the brief, for Amicus National Employment Lawyers Association in support of appellees.

Maria Van Buren , argued, Paul L. Frieden , on the brief, U.S. Department of Labor, Washington, DC, for The Secretary of Labor as Amicus in support of appellees.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.


HANSEN, Circuit Judge.

Applebee's International, Inc. (Applebee's) brings this interlocutory appeal from the district court's1 denial of summary judgment in this employment wage dispute. Gerald A. Fast, Talisha Cheshire, and Brady Gehrling represent a class of 5,543 individuals (collectively "the employees") who are current and former servers and bartenders at Applebee's restaurants. They brought suit under the Fair Labor Standards Act...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases