Hurley v. State of Oregon

27 F.3d 392 128 Lab.Cas. P 33,103 , 2 Wage & Hour Cas.2d (BNA) 129 Neil M. HURLEY, and all other similarly situated employees of the State of Oregon, Plaintiffs-Appellants, v. STATE OF OREGON; Fred D. Miller, in his individual capacity; Reginald B. Madsen, in his individual capacity, Defendants-Appellees. No. 93-35687. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1994. Decided June 17, 1994. John E. Hoag, Hoag, Vick, Tarantino & Garrettson, Eugene, OR, for plaintiffs-appellants. Virginia L. Linder, Asst. Atty. Gen., Salem, OR, for defendants-appellees. Appeal from the United States District Court for the District of Oregon, Robert E. Jones, District Judge, Presiding. Before: TANG, BOOCHEVER, and REINHARDT, Circuit Judges. Opinion by Judge REINHARDT. REINHARDT, Circuit Judge: I. INTRODUCTION 1 Neil M. Hurley represents a class of employees ("Class") of the Oregon State Police. The Class appeals the district court's summary judgment ruling, which held that its members were paid on a "salary basis" and therefore were not entitled to overtime compensation. We reverse. II. BACKGROUND 2 The Class includes criminalists, first sergeants,…