Marzuq v. Cadete Enters., Inc., No. 14-1744 (1st Cir. 2015)
Annotate this CasePlaintiffs, two former managers of Dunkin’ Donuts stores in Massachusetts, filed this action claiming that they were improperly denied overtime pay under the Fair Labor Standards Act (FLSA). The defendant employers moved for summary judgment. The magistrate judge recommended that the motion be denied, finding a genuine issue of material fact as to whether Plaintiffs were “bona fide executive[s]” excluded from the FLSA’s overtime pay requirement. The district rejected the recommendation of the magistrate judge and granted summary judgment for Defendants. The First Circuit reversed, holding that a reasonable fact-finder could conclude that Defendants failed to meet their burden of showing that Plaintiffs fell within the “bona fide executive” exception to the FLSA’s overtime pay requirement.
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