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HURT v. COMMERCE ENERGY, INC.

No. 18-4058.

973 F.3d 509 (2020)

Davina HURT and Dominic Hill, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. COMMERCE ENERGY, INC., doing business as Just Energy doing business as Commerce Energy of Ohio, Inc.; Just Energy Marketing Corp.; Just Energy Group, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2020.

Attorney(s) appearing for the Case

ARGUED: Shannon K. Patton , LITTLER MENDELSON, P.C., Cleveland, Ohio, for Appellants. Nicole T. Fiorelli , DWORKEN & BERNSTEIN CO., L.P.A., Painesville, Ohio, for Appellees. ON BRIEF: Shannon K. Patton , Robert M. Wolff , Edward H. Chyun , Alex R. Frondorf , LITTLER MENDELSON, P.C., Cleveland, Ohio, Bradley A. Sherman , SHERMAN BOSEMAN LEGAL GROUP, LLC, Cleveland, Ohio, for Appellants. Nicole T. Fiorelli , Patrick J. Perotti , Frank A. Bartela , DWORKEN & BERNSTEIN CO., L.P.A., Painesville, Ohio, for Appellees.

STRANCH, J., delivered the opinion of the court in which CLAY, J., joined. MURPHY, J. (pp. 525-37), delivered a separate dissenting opinion.

OPINION

The Fair Labor Standards Act provides minimum wage and overtime protections to a broad range of employees. Davina Hurt and Dominic Hill brought claims for themselves and others alleging that their positions are covered by the protections of the FLSA and parallel provisions of Ohio law. They challenge...

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