Article: U.S. 4th Circuit: Desmond v. PNGI Charles Town Gaming, L.L.C.

Labor & Employment

Fair Labor Standards Act

BOTTOM LINE: District court erred in holding that former employees were barred as a matter of law from recovering unpaid overtime compensation under the Fair Labor Standards Act.

CASE: Desmond v. PNGI Charles Town Gaming, L.L.C., US4th No. 08- 1216 (decided April 30, 2009) (Judges Duncan, AGEE & Faber (sitting by designation)).

COUNSEL: Paul B. Weiss, Martin & Seibert, LC, Martinsburg, WV, for Appellants. Brian Michael Peterson, Bowles, Rice, McDavid, Graff & Love, PLLC, Martinsburg, WV, for Appellee.

FACTS: PNGI Charles Town Gaming, L.L.C., d/b/a Charles Town Races & Slots (Charles Town Gaming) operated a casino and live horse racing facility in ...

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