MARLOW v. NEW FOOD GUY, INC.

No. 16-1134.

861 F.3d 1157 (2017)

Bridgette MARLOW, on behalf of herself and all similarly situated persons, Plaintiff-Appellant, v. The NEW FOOD GUY, INC., a Colorado corporation d/b/a Relish Catering & Events; Brett Tucker, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED June 30, 2017.


Attorney(s) appearing for the Case

Brian D. Gonzales , The Law Offices of Brian D. Gonzales, PLLC, Fort Collins, Colorado, for Plaintiff-Appellant.

Jennifer L. Gokenbach , Gokenbach Law, LLC, Denver, Colorado, for Defendants-Appellees.

John S. Koppel , Attorney, Appellate Staff ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Robert C. Troyer , Acting United States Attorney, and Mark B. Stern , with him on the brief), U.S. Department of Justice, Washington, D.C., for Amicus Curiae.

Before HARTZ and EBEL, Circuit Judges.


Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay a minimum wage of $7.25 per hour, see 29 U.S.C. § 206(a)(1)(C), plus time and a half for overtime, see 29 U.S.C. § 207(a)(1). Relish...

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