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DINICOLA v. STATE OF OREGON

07C14758; A138659.

268 P.3d 632 (2011)

246 Or. App. 526

Joseph M. DINICOLA, Plaintiff-Appellant, v. STATE of Oregon, DEPARTMENT OF REVENUE, Defendant-Respondent. State of Oregon, Department of Revenue, Third-Party Plaintiff, v. Service Employees International Union Local 503, Third-Party Defendant.

Court of Appeals of Oregon.

Decided November 9, 2011.

Attorney(s) appearing for the Case

Kevin T. Lafky , Salem, argued the cause for appellant. With him on the briefs was Lafky & Lafky.

Patrick M. Ebbett , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Plaintiff is employed as a tax auditor in the Oregon Department of Revenue (Revenue). When he is working in that position, he is entitled under state and federal law to compensation at one and one half times his regular hourly rate for any work beyond 40 hours a week. He appeals a judgment that denied his claims against the state for overtime pay for the period that he was on release time from his job with Revenue and serving as the full-time president...

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