Sivetts v. Board of County Commissioners, No. 14-1050 (10th Cir. 2014)
Annotate this CaseCurrent and former employees of the Jefferson County Sheriff's Office (County) brought a collective action under the Fair Labor Standards Act (FLSA), alleging they were paid overtime at a lower rate than required by the statute during 2010, 2011, and 2012. The district court dismissed the Employees' Third Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The court held the Employees had failed to allege their "regular rates" of pay were the Promised Rates and therefore, they had not stated a claim for unpaid overtime. The district court also concluded the Employees' argument, that "regular rates" for the purposes of the FLSA could be established by mutual agreement) failed because by continuing to work for years at the lower Actual Rates, the Employees had modified any alleged agreement concerning the Promised Rates. The Employees appealed, but finding no reversible error in the district court's judgment, the Tenth Circuit affirmed.
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