Paula Leever v. Carson, City of Consolidated Municipality of Carson City

Paula Leever, a sheriffs deputy, appeals from the district court’s order granting summary judgment in favor of her employer, Carson City (the “City”), and denying her own motion for partial summary judgment. Leever sued the City for unpaid overtime wages pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (“FLSA”), alleging that the City failed to compensate her for overtime work spent caring for her assigned police dog. The City contends that it was exempt from the overtime provisions of the FLSA pursuant to 29 C.F.R. § 785.23 because it had a “reasonable agreement” to compensate Leever for her overtime work by way of a biweekly flat fee. Leever contends that she did not have an agreement with the City, and that, even if she did, the agreement was not reasonable as a matter of law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

BACKGROUND

Leever began her career as a deputy with the Carson City Sheriffs Department in 1992. Leever was assigned to “canine” duty in 1995. As part of her responsibilities as a canine officer, Leever was required to care for and kennel her assigned police dog, “Scout,” during her off-duty hours.…