MILLER v. TRAVIS COUNTY, TEXAS

No. 19-50360.

953 F.3d 817 (2020)

Bryce MILLER; Robert Mills; Michael Strawn; Jason Jewert; Michael J. Canales; Belinda Mangum, Plaintiffs-Appellees, v. TRAVIS COUNTY, TEXAS; Judge Sarah Eckhardt, in her official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed March 26, 2020.


Attorney(s) appearing for the Case

Meredith B. Parenti , Parenti Law, P.L.L.C., Houston, TX, Jacob Scheick , Almanza, Blackburn, Dickie & Mitchell, L.L.P., Austin, TX, for Plaintiffs-Appellees.

Laurie R. Eiserloh , Leslie Wood Dippel , Amy Stoeckl Ybarra , Assistant County Attorney, County Attorney's Office for the County of Travis, Austin, TX, for Defendants-Appellants.

Before SMITH, HO, and OLDHAM, Circuit Judges.


The plaintiffs are lieutenants in the Travis County Sheriff's Office. A jury awarded each damages for unpaid overtime under the Fair Labor Standards Act ("FLSA"). It determined that the county hadn't shown (1) that the lieutenants' recommendations as to other employees were given "particular weight" or (2) that their...

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