DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053803P.pdf 09/29/2006 Rob Senger v. City of Aberdeen
U.S. Court of Appeals Case No: 05-3803
District of South Dakota
[PUBLISHED] [Arnold, Author, with Beam, Circuit Judge, and Doty,
District Judge]
Civil case - Labor Law. In action by firefighters to recover overtime
pay under the Fair Labor Standards Act which they claimed was due them
even though other firefighters worked the hours, the FLSA does not
reveal a Congressional intent to deny an employee overtime wages when
another worker voluntarily substitutes for him or her with the employer's
permission, and the Department of Labor's regulation 29 C.F.R. Sec.
553.31(a) crediting the non-working employee with overtime is not
inconsistent with the FLSA.