White
White v. San Mateo County
Opinion
Lead Opinion
MEMORANDUM **
Tim White seeks overtime compensation and liquidated damages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., for hours in excess of forty per week spent grooming, feeding, walking, transporting, and otherwise caring for his police dog. Appellee San Mateo County argues that White is an exempt “executive” employee under the FLSA.
'White and other officers in the San Mateo County Sheriffs Office canine unit filed a complaint seeking overtime compensation. After extending the discovery period to allow the officers an opportunity to investigate the County’s executive exemption defense, the district court found that (1) time spent caring for and transporting police dogs is compensable and (2) White could not recover overtime wages because he was exempt.
White filed a timely notice of appeal challenging the district court’s finding that he was exempt and the dismissal of his overtime wage claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
BACKGROUND
From 1995 to January 1997, White was employed as a patrol sergeant by San Mateo County. In 1997, he was transferred to the San Mateo County Jail as a supervisor in charge of…