Adair

Adair v. City of Kirkland

Good Law
185 F.3d 1055·99 Daily Journal DAR 8060·1999 WL 587576·5 Wage & Hour Cas.2d (BNA) 883·1999 U.S. App. LEXIS 18328
United States Court of Appeals for the Ninth CircuitAugust 6, 1999No. 98-35019California3,544 words

Opinion

Lead Opinion

Gonzalez, J.

ORDER

The opinion filed April 30, 1999, is withdrawn, and the attached opinion is substituted therefor. The appellants’ petition for rehearing is DENIED.

OPINION

Thirty-eight current and former police officers (“the officers”) employed by the City of Kirkland (“the City”) sued the City under the Fair Labor Standards Act (“FLSA”). The officers claim that the City owes them compensation for ten-minute briefings they are required to attend before their regularly-scheduled shifts.

The officers appeal from the district court’s decision rejecting their FLSA arguments and granting the City’s motion for partial summary judgment. We affirm in part and reverse in part.

I.

The officers work four twelve-hour shifts every eight days. The City requires the officers to attend ten-minute briefings before each of these shifts. The briefings cover new policies and procedures, events that occurred on recent shifts, job and vehicle assignments, and similar matters.

The officers are paid a set salary by the City, but the parties disagree over whether the salary includes compensation for the briefings. The terms of the salary are defined by the collective bargaining agreement (“CBA”) entered…

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