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SMITH v. PROFESSIONAL TRANSPORTATION, INC.

No. 20-2046.

5 F.4th 700 (2021)

Peggy Jo SMITH, individually and on behalf of similarly situated individuals, Plaintiff-Appellant, v. PROFESSIONAL TRANSPORTATION, INC., and Ronald D. Romain, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 2021.

Attorney(s) appearing for the Case

Joseph H. Cassell , Attorney, Prelle Eron & Bailey, P.A., Wichita, KS, Terry D. Smith , Attorney, Terry D. Smith, Wichita, KS, for Plaintiff-Appellant.

Brian Burbrink , Michelle R. Maslowski , Attorney, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Indianapolis, IN, Thomas Alexander Lidbury , Attorney, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Chicago, IL, for Defendants-Appellees.

Before Wood, Brennan, and St. Eve, Circuit Judges.

Between November 2011 and August 2013, Peggy Jo Smith worked for Professional Transportation Inc. (PTI), a company that transports railroad crews to and from their places of work. Believing that her position was misclassified for purposes of the Fair Labor Standards Act ("the Act") and that she was not receiving proper overtime...

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