Paresi

Paresi v. City of Portland

Good Law
182 F.3d 665·1999 WL 394999
United States Court of Appeals for the Ninth CircuitJune 17, 1999No. 98-35530California1,105 words

Opinion

Lead Opinion

Schwarzer, J.

ORDER

The memorandum disposition filed April 16, 1999, is redesignated as an authored opinion by Senior District Judge William W Schwarzer.

OPINION

Two groups of Portland City employees (“employees”) filed suit against the City of Portland (“City”) seeking overtime compensation, alleging that the City violated the overtime pay provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219 (1994), and that the City is not *667 entitled to correct the violations under the FLSA’s “window of correction.” The district court granted the City’s motion for summary judgment, holding that while there was a material issue of fact as to whether the City had violated the FLSA’s overtime pay provisions, the City was entitled to invoke the window of correction to avoid liability. We affirm, holding that the window of correction is available to the City.

BACKGROUND FACTS & PROCEDURAL HISTORY

In 1994, forty-three commanding officers in the Portland Police Bureau filed Paresi v. Portland, alleging a City policy of impermissible reductions in their weekly pay. In 1997, nineteen managerial employees from several other City bureaus filed Delk v. Portland, making the same allegations.…

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