Lemieux v. City of Holyoke, 740 F. Supp. 2d 246 (D. Mass. 2010)
N/AOUTCOME: Partial summary judgment for defendant on key affirmative defenses
On a partial motion for summary judgment, the court determined, among other things, that the partial exemption that 29 U.S.C.S. § 207(k) provided to municipal employers of fire personnel was applicable ... because plaintiffs were subject to a qualifying eight-day work period where plaintiffs' rotating shifts actually occurred in a recurring pattern of four consecutive days on-duty followed by four consecutive days off-duty; thus, the FLSA only required defendants to pay overtime compensation for hours worked in excess of 61 in an eight-day cycle. The court also held that under the doctrine of municipal immunity, municipal employees were not permitted to bring overtime suits under the Massachusetts Minimum Fair Wage law.