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Labor, Benefit and Employment - Electric Utility

A group of 383 employees sued alleging that, although classified as exempt, they were actually non-exempt employees under the Fair Labor Standards Act (“FLSA”) and therefore had been improperly denied overtime compensation.  Plaintiffs conceded in discovery that they had performed exempt duties, but argued that the company had made unlawful deductions from their salary.  The district court granted our motion for summary judgment, concluding that the “shortfalls” did not constitute unlawful deductions under the law and that plaintiffs were therefore exempt and not entitled to overtime pay.  The U.S. Court of Appeals for the Sixth Circuit affirmed.