WATERS v. DAY & ZIMMERMANN NPS, INC.

No. 20-1997.

23 F.4th 84 (2022)

John WATERS, individually and for others similarly situated, Plaintiff, Appellee, v. DAY & ZIMMERMANN NPS, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 13, 2022.


Attorney(s) appearing for the Case

David B. Salmons , with whom Michael J. Puma , James D. Nelson , and Morgan, Lewis & Bockius LLP were on brief, for appellant.

Richard J. (Rex) Burch , with whom Michael A. Josephson , Richard M. Schreiber , Taylor A. Jones , Bruckner Burch PLLC, and Josephson Dunlap LLP were on brief, for appellee.

Daryl Joseffer , Jonathan D. Urick , Nicole A. Saharsky , Andrew J. Pincus , Archis A. Parasharami , Minh Nguyen-Dang , and Mayer Brown LLP on brief for Chamber of Commerce of the United States of America, amicus curiae.

Before Thompson, Dyk, and Barron, Circuit Judges.


John Waters filed suit for overtime wages pursuant to § 216(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219, in the United States District Court for the District of Massachusetts. The defendant was Day & Zimmermann ("D&Z"), a company incorporated in Delaware that maintains its principal...

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