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132214P.pdf   03/17/2014  Terry Madden  v.  Lumber One Home Center
   U.S. Court of Appeals Case No:  13-2214
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Melloy, Author, with Gruender and Bright, Circuit Judges] 
   Civil case - Fair Labor Standards Act. The district court did not err in 
   determining that two of the three plaintiffs were not eligible for the 
   executive exemption from the FLSA as the defendant failed to present any 
   evidence that would allow a jury to determine, without conjecture, that 
   the two employees had the ability to hire and fire other employees or that 
   their hiring recommendations were given particular weight as that phrase 
   is defined by Department of Labor standards; defendant did provide 
   sufficient evidence to show plaintiff Wotman did have this ability and was 
   covered by the executive exemption to FLSA; case remanded for 
   recalculation of attorneys' fees