Jay Mccune v. Oregon Senior Services Division

894 F.2d 1107 29 Wage & Hour Cas. (BN 1187, 114 Lab.Cas. P 35,305 Jay McCUNE; Alden Carlson; Robert Knee; Ralph L. Shafer; Steven Eldon Jones; Glen Kimble, et al., Plaintiffs-Appellants, v. OREGON SENIOR SERVICES DIVISION; Richard Ladd; Dexter Henderson; Oregon Adult & Family Services Division; Keith Putman; Oregon Department of Human Resources; Leo Hegstrom, Defendants-Appellees. No. 88-3843. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1989. Decided Jan. 26, 1990. Gayle L. Troutwine, Williams, Troutwine & Bowersox, P.C., Portland, Or., for plaintiffs-apellants. Christine Chute, Asst. Atty. Gen., Salem, Or., for defendants-appellees. In the United States District Court for the District of Oregon. Before PREGERSON, TROTT and RYMER, Circuit Judges. TROTT, Circuit Judge: SUMMARY 1 Appellants are live-in attendants for elderly and disabled persons. Clients pay for their services with federal and state assistance disbursed by appellees. This action was brought by appellants pursuant to the Fair Labor Standards Act ("FLSA") as amended, 29 U.S.C. Sec. 201 , et seq. (1982 & Supp.1989), seeking minimum wage for all hours worked. The…