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NUTLEY POLICE. BENEV. v. NUTLEY

No. A-3730-09T2.

16 A.3d 453 (2011)

419 N.J. Super. 160

NUTLEY POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL #33, and Michael O'Halloran, individually and on behalf of other similarly situated individual Nutley Police Officers, Plaintiffs-Appellants, v. TOWNSHIP OF NUTLEY, Nutley Police Department, Commissioner Alphonse Petracco and John Holland, Chief of Police, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 2011.

Attorney(s) appearing for the Case

David J. DeFillippo , Red Bank, argued the cause for appellants (Klatsky Sciarrabone & DeFillippo, attorneys; Mr. DeFillippo, of counsel and on the brief).

John A. Boppert , Springfield, argued the cause for respondents (Ruderman & Glickman, P.C., attorneys; Mr. Boppert, of counsel and on the brief).

Before Judges RODRÍGUEZ, GRALL and LeWINN.

The opinion of the court was delivered by

GRALL, J.A.D.

The Fair Labor Standards Act (FLSA), 29 U.S.C.S. §§ 201-219, requires a public employer to allow an employee awarded compensatory time off in lieu of overtime pay "to use such time within a reasonable period after making [a] request if the use of the compensatory time does not unduly disrupt the operations of the public agency." 29 U.S.C.S. § 207(o)(5). This appeal...

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