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Allen v. Bd. of Pub. Educ.

Allen v. Bd. of Pub. Educ.

United States Court of Appeals for the Eleventh Circuit

August 17, 2007, Decided; August 17, 2007, Filed

No. 06-12131

Opinion

 [*1309] COVINGTON, District Judge:

Plaintiffs brought this action against Defendant, the Board of Public Education for Bibb County, to recover for violations of the Fair Labor Standards Act. The district court granted summary judgment in favor of the Board, and this appeal followed. For the reasons set forth below, we affirm the district court's decision in part and reverse in part.

I. BACKGROUND

Plaintiffs are Defendant's employees or former employees. They are or were bus drivers, bus monitors or aides, paraprofessionals, secretaries, and custodians. Plaintiffs claimed that the Board failed to pay overtime wages and failed to pay the appropriate "regular rate" of pay in violation of the Fair Labor Standards Act. The bus drivers and monitors moved the district court for partial summary judgment, claiming that the Board's methodology  [**2] for computing their regular rate of pay, and for computing overtime in general, violated the FLSA. The Board moved for summary judgment on all of Plaintiffs' claims and argued that its practices were in compliance with the FLSA.

 [*1310] The district court denied the motion for partial summary judgment filed by the bus drivers and bus monitors and granted the Board's motion for summary judgment. All plaintiffs now appeal the district court's grant of summary judgment and raise the following issues: (1) whether the district court erred in granting the Board's motion for summary judgment in connection with the claims of the bus drivers and bus monitors, where the bus drivers and bus monitors received different rates of pay depending on the type of route driven, and the overtime rates reflect the differing rates of pay; and (2) whether the district court erred in granting the Board's motion for summary judgment in connection with the claims of those Plaintiffs who assert that they have worked unpaid overtime hours.

II. STANDARD OF REVIEW

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495 F.3d 1306 *; 2007 U.S. App. LEXIS 19575 **; 154 Lab. Cas. (CCH) P35,331; 12 Wage & Hour Cas. 2d (BNA) 1422; 20 Fla. L. Weekly Fed. C 987

ALICIA ALLEN, BARBARA ANDREWS, MELISSA BRAXTON, PATRICIA BROWN, SHIRLEY BROWN, CAROLYN FINNEY, NORARENE GILBERT, VERONICA JACKSON, VERA LONG, JAMES MAYS, SYLVIA PETTIGREW, EARLINE SCOTT, LAROSE SMITH, PATRICIA STEWART, ELEANOR WELCH, ESSIE WILLIAMS, DOROTHY WOODFORD, et al., All individually and on behalf of all other similarly situated individuals, Plaintiffs-Appellants, versus THE BOARD OF PUBLIC EDUCATION FOR BIBB COUNTY, Defendant-Appellee.

Prior History:  [**1] Appeal from the United States District Court for the Middle District of Georgia. D.C. Docket No. 03-00258-CV-WDO-5.

Allen v. Bd. of Pub. Educ. for Bibb County, 2006 U.S. Dist. LEXIS 110960 (M.D. Ga., Mar. 16, 2006)

Disposition: AFFIRMED IN PART, REVERSED IN PART.

CORE TERMS

overtime, summary judgment, time sheet, district court, overtime work, records, regular rate, scheduled, declaration, employees, constructive knowledge, different rate, deposition, blended, route, rate of pay, uncompensated, genuine issue of material fact, type of work, deposition testimony, bus driver, monitors, summary judgment motion, driver, rates, grant of summary judgment, calculating, workweek, clock, lunch

Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment, Appellate Review, Standards of Review, Business & Corporate Compliance, Wage & Hour Laws, Scope & Definitions, Minimum Wage, Overtime & Work Periods, Labor & Employment Law, Regular Rate, Entitlement as Matter of Law, Appropriateness, Burdens of Proof, Movant Persuasion & Proof, Judgments, Evidentiary Considerations, General Overview, Genuine Disputes, Materiality of Facts, Nonmovant Persuasion & Proof, Definition of Employ, Labor & Employment Law, Recordkeeping Requirements, Evidence, Allocation, Burden Shifting, Opposing Materials, Accompanying Documentation, Testimony, Credibility of Witnesses, Supporting Materials, Affidavits, Remedies, Damages, Liquidated Damages, Statute of Limitations