Authored by Rob Carty

It’s been said that when you can’t break through an obstacle, try going around it.  That’s exactly what the plaintiffs tried to do (unsuccessfully) in an FLSA case recently decided by the Tenth Circuit Court of Appeals.  Dennis v. Watco Companies, Inc., No. 10-6079 (10th Cir. Jan. 21, 2011).

The plaintiffs, two railway employees, filed

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