Sean Kennedy v. Las Vegas Sands Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SEAN KENNEDY; ANDREW No. 23-15311

SNIDER; CHRISTOPHER WARD;

RONALD WILLIAMSON; D.C. No. RANDALL WESTON, 2:17-cv-00880-

APG-VCF

Plaintiffs-Appellants,

v. OPINION

LAS VEGAS SANDS

CORPORATION; SANDS

AVIATION, LLC,

Defendants-Appellees, and

LAS VEGAS SANDS, LLC;

INTERFACE OPERATIONS, LLC,

Defendants.

Appeal from the United States District Court for the District of Nevada Andrew P. Gordon, District Judge, Presiding

Argued and Submitted March 6, 2024 Las Vegas, Nevada Filed August 1, 2024

Before: MILAN D. SMITH, JR., MARK J. BENNETT, and DANIEL P. COLLINS, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.; Concurrence by Judge Daniel P. Collins

SUMMARY *

Labor Law

The panel affirmed the district court’s judgment, after a bench trial, in favor of the defendants in an action brought under the Fair Labor Standards Act by five corporate jet pilots. In Section I, the panel held that the pilots qualified as highly compensated employees exempt from the Act’s overtime…