Military Recruiters Not FLSA Exempt: 10th Circuit

Law360, New York (July 1, 2008, 12:00 AM EDT) -- A federal appeals court has affirmed a lower court's summary judgment entitling two former civilian military recruiters for contractor Serco Inc. to overtime pay under the Fair Labor Standards Act.

The Court of Appeals for the Tenth Circuit in Utah also upheld the district court's ruling that the two former recruiters, Gary Clements and and David Gerber, are entitled to back pay based on a “fluctuating workweek,” which is a lower rate than the “time-and-a-half” the plaintiffs sought.

Washington-based Serco appealed the original summary judgment on...
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