Dan Abshire v. County Of Kern

908 F.2d 483 29 Wage & Hour Cas. (BN 1417, 115 Lab.Cas. P 35,370 Dan ABSHIRE, Dennis Carroll, Larry Frank, Bill Rickman, Tom Blackmon, Richard Pellerin, Billie McKenzie, Bob Temple, Barry Schulz, Jim Chapman, Bob Turner, and Steve McLemore, Plaintiffs-Appellants, v. COUNTY OF KERN, Defendant-Appellee. No. 88-15154. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 30, 1989. Decided July 11, 1990. Duane W. Reno, Davis, Reno & Courtney, San Francisco, Cal., for plaintiffs-appellants. B.C. Barmann, County Counsel, Robert D. Woods, Chief Deputy--Litigation, County of Kern, Bakersfield, Cal., for the defendant-appellee. Appeal from the United States District Court for the Eastern District of California. Before TANG, REINHARDT and WIGGINS, Circuit Judges. REINHARDT, Circuit Judge: 1 At issue in the instant appeal is whether employees whose pay is subject to deduction for absences of less than a day are paid "on a salary basis" according to the regulations implementing the Fair Labor Standards Act. We conclude that they are not, and that therefore such employees are not "bona fide executives" exempt from the protections of the Act. 2 Appellants, Battalion…