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EMMONS v. CITY OF CHESAPEAKE

No. 19-1755.

982 F.3d 245 (2020)

Shean EMMONS; John Gibson; Kevin Smith; Brian Fancher; Carlton Ackiss; Michael Winslow; Christine Dosmann, Plaintiffs-Appellants, v. CITY OF CHESAPEAKE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 4, 2020.

Attorney(s) appearing for the Case

ARGUED: James R. Theuer , JAMES R. THEUER, PLLC, Norfolk, Virginia, for Appellants. Randy C. Sparks, Jr. , KAUFMAN & CANOLES, P.C., Richmond, Virginia, for Appellee. ON BRIEF: Sharon Kerk Reyes , KAUFMAN & CANOLES, P.C., Norfolk, Virginia; Jacob P. Stroman , Melissa A. Hamann , OFFICE OF THE CITY ATTORNEY, Chesapeake, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Motz and Judge Agee joined.

The appellants in this case are Battalion Chiefs who have sued their employer, the City of Chesapeake Fire Department (CFD), for non-compliance with the overtime pay requirement of the Fair Labor Standards Act (FLSA). This requirement represents a general guarantee of overtime pay for employees working over forty hours...

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