Charlene Brigham, as Personal Representative of the Estate of James Brigham Carl Hall Gary Millsap Donald E. Reed v. Eugene Water & Electric Board

We must decide whether employees of an electric utility who reside on their employer’s remote premises were wrongfully denied overtime pay in violation of the federal Fair Labor Standards Act and Oregon state law.

I

James Brigham, Carl Hall, Gary Mill-sap, and Donald Reed (“the employees”) are current or former employees stationed at the Carmen Smith Hydroelectric Project (“project” or “site”), a power generation facility straddling the upper McKenzie River some 70 miles east of Eugene, Oregon, on lands located predominantly within the Willamette National Forest. Owned by the City of Eugene, Oregon through its Eugene Water & Electric Board (“EWEB”), the site was constructed in the early 1960’s and is comprised of three sizeable dams and two powerhouses. Although the site is partially monitored at a central facility in Eugene, four EWEB employees work and are required to live (along with their families) on-site in housing provided to them by EWEB.

These employees worked four-day weeks, which usually were comprised of three “maintenance” shifts and one “duty” shift. On maintenance shifts, the employees worked from 6:30 a.m. to 5:00 p.m. Accounting for breaks, the employees…