Acton v. City of Columbia

436 F.3d 969 (2006)

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Acton v. City of Columbia

United States Court of Appeals for the Eighth Circuit
436 F.3d 969 (2006)

  • Written by Robert Cane, JD

Facts

Chris Acton and 99 other firefighters (the firefighters) (plaintiffs) sued the City of Columbia, Missouri (defendant) for violating the Fair Labor Standards Act (FLSA). The city administered a sick-leave buy-back program for its firefighters. The program permitted firefighters who had accumulated at least six months of sick leave to sell back up to 10 unused sick days each year for 75 percent of their regular hourly pay. The payments made under this program were not included in the firefighters’ regular rate of pay, which was used as a base for calculating overtime. The firefighters brought an action against the city for failing to include the sick-leave buy-back payments in the regular rate of pay of the firefighters in violation of the FLSA. The firefighters moved for summary judgment, which was granted in part as to the buy-back payments being regular pay and denied in part as to meal allowances. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Lay, J.)

Dissent (Loken, J.)

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