11th Circ. Affirms Dual Assignment Rule In OT Suit

Law360, New York (April 6, 2010, 2:37 PM EDT) -- Affirming the validity of the U.S. Department of Labor's dual assignment regulation, a federal appeals court has reversed a lower court's dismissal of a collective action brought by fire investigators seeking overtime pay.

Concluding that the dual assignment regulation, which addresses overtime for firefighters who also perform law enforcement duties, continues to be valid, the U.S. Court of Appeals for the Eleventh Circuit on Monday reversed the U.S. District Court of the Middle District of Alabama's decision to grant the city of Montgomery, Ala., summary judgment...
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