8th Circ. Says SD Firefighters Can Pursue OT Claims

Law360, New York (May 11, 2011, 5:24 PM EDT) -- A group of Sioux Falls, S.D., firefighters who said they were shorted overtime while fighting wildfires for the state may proceed with their case, the Eighth Circuit ruled Wednesday, overturning a lower court ruling.

The district court was wrong when it said Sioux Falls-employed firefighters, who were contracted by South Dakota to fight wildfires in 2006, were exempt from overtime because of a special provision in the Fair Labor Standards Act, a three-judge Eighth Circuit panel said.

The decision means a South Dakota federal court will...
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