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U.S. 4th Circuit Court of Appeals
GRIFFIN v WAKE COUNTY
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
............MARK D. GOTTLIEB; ...[other names deleted for space]
v.
WAKE COUNTY, Defendant-Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-96-281-5-BO)
Argued: March 6, 1998
Decided: April 27, 1998
Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.
(snip)
OPINION
WILKINSON, Chief Judge:
A class of emergency medical technicians (EMTs) employed by Wake County, North Carolina, allege that the County erroneously paid them a half-time overtime premium according to the "fluctuating workweek" pay plan rather than the standard time-and-a-half over- time compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1). Finding no violation of the FLSA, we affirm the judgment of the district court dismissing the suit.
(snip)
The EMTs' original complaint was properly dismissed as legally insufficient. The EMTs' amended complaint fails to cure this defi- ciency, so the district court properly denied leave to amend. We there- fore affirm the judgment of the district court.
AFFIRMED
It was a suit regarding the fluctuating work week and overtime pay. pay... Gottlieb and crew lost.
Interesting. thanks