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BEAUFORD v. ACTIONLINK, LLC

Nos. 13-3265, 13-3380.

781 F.3d 396 (2015)

Jennifer BEAUFORD, Individually and on behalf of others similarly situated; Steve Cox, Individually and on behalf of others similarly situated; Elaina Grauer, Individually and on behalf of others similarly situated; Richard S. Levis, Individually and on behalf of others similarly situated; Richard Neidert, Individually and on behalf of others similarly situated; Jill Pate, Individually and on behalf of others similarly situated; Cheryl Songster, Individually and on behalf of others similarly situated, Plaintiffs v. ACTIONLINK, LLC, Defendant-Appellee. Karl Adams, III; Donny Banerjee; Michael Breeding; David Caffey; Stephanie Davis; Samvel Davtyam; John Demian; Jason Dorazio; Coley Faulk; Michael Fayfer; Frances Francisco; Kasey Gray; John Karalis; Jason Kelly; John McLouglin, Jr.; Greg Morrison; Terrance Nowak; Ryan Okimoto; Janette Reynolds; Ricardo Rubalcava; Carolee Sabala; Rene Sandoval, Jr.; Jeff Saylors; Gregory Sutton; William Wagoner, Claimants-Appellants Jennifer Beauford, Individually and on behalf of others similarly situated; Steve Cox, Individually and on behalf of others similarly situated; Elaina Grauer, Individually and on behalf of others similarly situated; Richard S. Levis, Individually and on behalf of others similarly situated; Richard Neidert, Individually and on behalf of others similarly situated; Jill Pate, Individually and on behalf of others similarly situated; Cheryl Songster, Individually and on behalf of others similarly situated, Plaintiffs-Appellees v. ActionLink, LLC, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed March 20, 2015.

Attorney(s) appearing for the Case

Timothy A. Steadman , argued, Little Rock , AR ( John T. Holleman , Maryna O. Jackson , on the brief), for appellants/cross-appellees.

Joseph D. Weiner , argued, Minneapolis, MN ( Andrew James Voss , Stephanie D. Sarantopoulos , Eva Camille Madison and Jeffrey A. Timmerman , on the brief), for appellee/cross-appellant.

Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.

In September 2011, the Department of Labor (DOL) began investigating a complaint that ActionLink, LLC, a marketing company, had misclassified some of its employees as exempt under the Fair Labor Standards Act (FLSA) and failed to pay overtime compensation. During the subsequent DOL...

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