OLIBAS v. BARCLAY

No. 15-10919.

838 F.3d 442 (2016)

Nicole OLIBAS, On behalf of themselves and all others similarly situated; Reginald E. Williams; Donny J. Hodkinson; Tina McDonald; Carol Johnson, Plaintiffs-Appellees v. John BARCLAY; Native Oilfield Services, L.L.C., Defendants-Appellants Reginald E. Williams, On behalf of themselves and all others similarly situated; Donny J. Hodkinson, On behalf of themselves and all others similarly situated; Tina McDonald, On behalf of themselves and all others similarly situated; Carol Johnson, On behalf of themselves and all others similarly situated; Plaintiffs-Appellees v. Native Oilfield Services, L.L.C., John Barclay; Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed September 20, 2016.


Attorney(s) appearing for the Case

Allen Ryan Vaught , Melinda Arbuckle , Denyse Finn Clancy , Farsheed Fozouni , Sherri Ann Saucer, Esq. , Baron & Budd, P.C., Dallas, TX, for Plaintiffs-Appellees.

Christopher Earl Moore, Esq. , Attorney, Matthew Miles McCluer , Christine Marie White, Esq. , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New Orleans, LA, David Michael O'Dens, Esq. , SettlePou, Dallas, TX, for Defendants-Appellants.

Before JOLLY, BARKSDALE, and SOUTHWICK, Circuit Judges.


The overarching question presented in this appeal is whether an employer, Native Oilfield Services, L.L.C., and its president, John Barclay, (together, "Native") owed its employee truck drivers overtime under the Fair Labor Standards Act ("FLSA") or whether the drivers were exempt from the FLSA's overtime pay requirement...

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