Anthony J. Hare v. City of Oakland, California George Hart, Police Chief, City of Oakland Robert J. Muszar, Captain of the Oakland Police Department

42 F.3d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthony J. HARE, Plaintiff-Appellant, v. CITY OF OAKLAND, CALIFORNIA; George Hart, Police Chief, City of Oakland; Robert J. Muszar, Captain of the Oakland Police Department, Defendants-Appellees. No. 93-15838. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1994. Decided Nov. 25, 1994. Before: NOONAN and T.G. NELSON, Circuit Judges, and EZRA, * District Judge. MEMORANDUM ** Anthony J. Hare (Hare) was a sergeant in the Oakland Police Department (OPD). He brought this suit against the City of Oakland (City), alleging that the City had failed to compensate him for overtime worked in violation of 29 U.S.C. Secs. 207 (a) and (k) of the Fair Labor Standard Act (FLSA). In order to recover for uncompensated overtime, Hare must show that (1) he is within the scope of the FLSA; (2) he worked hours for which overtime compensation was required by the FLSA and was not paid for them; and (3) his…