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Supreme Court Declines to Hear Case Finding that New York City Sergeants Are Covered by the FLSA
On March 19, 2012, the United States Supreme Court denied the City of New York's petition for certiorari in the case Mullins v. the City of New York. The City petitioned the Supreme Court after the U.S. Court of Appeals for the Second Circuit ruled that sergeants employed by the New York Police Department were entitled to the overtime wage protections under the Fair Labor Standards Act ("FLSA"). The case has been remanded back to the district court for a determination as to the amount of backpay and other damages owed to the 4300 sergeants. Trial on damages has been set to begin on November 5, 2012. This is the first case in the Court of Appeals involving the application of the so-called first responder regulation to first line supervisors and this decision has now been followed by the Tenth Circuit Court of Appeals as well..



