Adair

MEMORANDUM *

Appellant Wayne Adair and other Kirkland City police officers appeal the district court’s judgment for the City of Kirkland on their claims that the City violated the Fair Labor Standards Act (“FLSA”) by refusing to compensate them for time spent in pre-shift briefings. In accordance with our decision and mandate in Adair v. City of Kirkland, 185 F.3d 1055 (9th Cir. 1999), the narrow issue before the court at trial was whether the salary defined in the collective bargaining agreement (“CBA”) between the City and the officers was intended to compensate the officers for preshift briefing time. 1 The district court entered judgment for the City after concluding that the officers’ salary, as set forth in the CBA, compensated the officers for the contested pre-shift briefing time. The officers timely appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm the judgment of the district court.

The officers contend the district court erred when it found that the salary under the CBA was intended to compensate them for time spent in pre-shift briefings. In support of their position, the officers assert that (1) the district court erred when it excluded…