SCALIA v. EMPLOYER SOLUTIONS STAFFING GROUP, LLC

No. 18-16493.

951 F.3d 1097 (2020)

Eugene SCALIA, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellee, v. EMPLOYER SOLUTIONS STAFFING GROUP, LLC, a limited liability company; Employer Solutions Staffing Group II, LLC, a limited liability company; Employer Solutions Staffing Group III, LLC, a limited liability company; Employer Solutions Staffing Group IV, LLC, a limited liability company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2020.


Attorney(s) appearing for the Case

Michael R. Shebelskie (argued), Hunton Andrews Kurth LLP, Richmond, Virginia; Rebecca J. Levine , Rebecca Levine Law PLLC, Edina, Minnesota; for Defendants-Appellants.

Katelyn J. Poe (argued), Attorney; Paul L. Frieden , Counsel for Appellate Litigation; Jennifer S. Brand , Associate Solicitor; Kate S. O'Scannlain , Solicitor of Labor; United States Department of Labor, Washington, D.C.; for Plaintiff-Appellee.

Before: Susan P. Graber, Andrew D. Hurwitz, and Eric D. Miller, Circuit Judges.


OPINION

Employer Solutions Staffing Group and three related companies (collectively, "ESSG")1 appeal from the summary judgment entered in favor of the Secretary of Labor in this action challenging ESSG's failure to pay overtime to employees who worked more than 40 hours in a workweek...

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