Deborah Weymouth v. County of Henrico, Virginia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cv-00419-REP-RCY Copies to all parties and the district court/agency. [999920742].. [15-2409]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2409

DEBORAH WEYMOUTH, on behalf of themselves and others
similarly situated; JAMES REDFORD, on behalf of themselves
and others similarly situated; JAMES A. HUGHES,
Plaintiffs – Appellants,
and
E. CARLTON KING, JR.; LARRY W. SPENCER,
Plaintiffs,
v.
COUNTY OF HENRICO, VIRGINIA,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:14-cv-00419-REP-RCY)

Submitted:

July 28, 2016

Decided:

August 31, 2016

Before WILKINSON, MOTZ, and HARRIS, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Harris D. Butler, Zev H. Antell, BUTLER ROYALS, PLC, Richmond,
Virginia; Craig J. Curwood, Philip J. Dean, CURWOOD LAW FIRM,
PLC, Richmond, Virginia, for Appellants. Joseph P. Rapisarda,

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Jr., Lee Ann Anderson, Andrew R. Newby, Wade T. Anderson, COUNTY
OF HENRICO, Henrico, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
The Appellants, current and former Captains for the Henrico
Fire Division, appeal the district court’s order accepting the
magistrate judge’s recommendation to grant summary judgment in
favor of the County of Henrico, Virginia, on Appellants’ claims
for overtime pay under the Fair Labor Standards Act, 29 U.S.C.
§§ 201-219 (2012) (FLSA).

In our recent decision in Morrison v.

Fairfax, __ F.3d __, __, No. 14-2308, 2016 WL 3409651 (June 21,
2016),

we

considered

for

the

first

time

the

2004

“first

responder regulation” that directly governs the question posed
in

this

appeal,

firefighters
district

may

and
be

court’s

clarified

deemed

order

the

exempt

standard

under

underlying

the

this

under

FLSA.

appeal

which
As

the

pre-dated

Morrison, the district court did not have the benefit of our
analysis when it granted summary judgment.
Accordingly, we find it most prudent to vacate and remand
this

case

to

the

district

court

to

allow

it,

in

the

first

instance, to apply the legal standard set forth in Morrison to
the

factual

record

here,

and

to

consider,

if

appropriate,

whether the parties are entitled to expand the record in light
of the guidance provided by Morrison.

We, of course, express no

opinion as to the outcome of this matter.

We dispense with oral

argument because the facts and legal arguments are adequately

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presented in the materials before this court and argument would
not aid the decisional process.
VACATED AND REMANDED

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