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MARTIN v. WOOD

No. 13-2283.

772 F.3d 192 (2014)

Laura Lynn MARTIN, Plaintiff-Appellee, v. Jack Lee WOOD; Milagros Alcala Jones, Defendants-Appellants, and Commonwealth of Virginia; Commonwealth of Virginia Department of Behavioral Health and Developmental Services; Eastern State Hospital, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 18, 2014.

Attorney(s) appearing for the Case

ARGUED: Sydney Edmund Rab , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Raymond Lee Hogge, Jr. , Hogge Law, Norfolk, Virginia, for Appellee. ON BRIEF: Kenneth Thomas Cuccinelli, II , Attorney General, Earle Duncan Getchall, Jr. , Solicitor General, Wesley Glenn Russell, Jr. , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Kenneth Michael Golski , Hogge Law, Norfolk, Virginia, for Appellee.

Reversed and remanded with instructions by published opinion. Judge Niemeyer wrote the opinion, in which Judge Duncan and Judge Thacker joined.

NIEMEYER, Circuit Judge:

Laura Martin, a registered nurse formerly employed by a state-operated hospital in Williamsburg, Virginia, commenced this damages action against two supervisors at the hospital, alleging that the supervisors improperly refused to authorize overtime pay for the hours that she worked in excess of 40 hours per week, in violation of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201-219. The supervisors filed a motion to...

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