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MAESTAS v. DAY & ZIMMERMAN, LLC

No. 10-2280.

664 F.3d 822 (2012)

Michael MAESTAS; Thomas May; Juanito Marquez; Jahmaal Gregory, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. DAY & ZIMMERMAN, LLC; SOC, LLC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 4, 2012.

Attorney(s) appearing for the Case

Darrell M. Allen ( Hannah B. Best , Hannah Best & Associates, with him on the briefs), Albuquerque, NM, for the Plaintiffs-Appellants.

Whitney Warner ( Christopher M. Moody with her on the brief), Moody & Warner, P.C., Albuquerque, NM, for the Defendants-Appellees.

Before KELLY, LUCERO, and GILMAN, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiffs, officers in a private security force that protects Los Alamos National Laboratory, contend that their employer Day and Zimmerman, LLC, and SOC, LLC, (collectively "SOC") improperly classified them as exempt employees under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. Ruling on their contentions, the district court concluded that all plaintiffs were exempt executive employees and granted summary judgment to...

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