Hans

MEMORANDUM *

We review de novo a district court’s decision to grant summary judgment.

A. Fair Labor Standards Act.

Appellants argue that Alyeska had an “actual practice” of making disciplinary suspensions for other than a full workweek, but the evidence in the record does not establish a genuine issue of fact as to this contention.

There is only an “actual practice” of making improper deductions if the employer’s practices reflect an objective intention not to pay a class of employees on a salaried basis. 3 There is no evidence in this case of any objective intention other than the number of suspensions.

In this case, there were fourteen suspensions in ten years. Of the fourteen suspensions, seven were made for whole week intervals, so they do not count toward any indication of an “actual practice” of suspensions for other than a full workweek. 4 Six of these whole week suspensions were for such days as Wednesday through Tuesday instead of Monday through Friday, but the excerpts of record do not establish that these people worked Monday through Friday as opposed to any other workweek, or whether they were paid Fridays, monthly, bimonthly, biweekly, or at some other…