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MENDEL v. CITY OF GIBRALTAR

No. 12-1231.

727 F.3d 565 (2013)

Paul MENDEL, Plaintiff-Appellant, v. CITY OF GIBRALTAR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2013.

Rehearing and Rehearing En Banc Denied September 25, 2013.

Attorney(s) appearing for the Case

ARGUED: L. Rodger Webb , L. Rodger Webb, P.C., Southfield, MI, for Appellant. Cassandra L. Booms , Logan, Huchla & Wycoff, P.C., Riverview, MI, for Appellee. Rachel Goldberg , United States Department of Labor, Washington, D.C., for Amicus Curiae. ON BRIEF: L. Rodger Webb , L. Rodger Webb, P.C., Southfield, Michigan, for Appellant. Cassandra L. Booms , Logan, Huchla & Wycoff, P.C., Riverview, MI, for Appellee. Rachel Goldberg , United States Department of Labor, Washington, D.C., for Amicus Curiae.

Before: BATCHELDER, Chief Judge; MERRITT and KETHLEDGE, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Chief Judge.

This case presents the question of whether purportedly volunteer firefighters who receive a substantial hourly wage for responding to calls whenever they choose to do so are "employees" or "volunteers" for purposes of the Fair Labor Standards Act ("FLSA") and Family Medical Leave Act ("FMLA"). Plaintiff-Appellant Paul Mendel was employed by Defendant-Appellee City of Gibraltar ("the City") as a dispatcher in the...

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