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Micheal Specht, Mark Donelan, Mark Egger, James Haiar, Bo Mortensen v. the City of Sioux Falls

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Submitted: November 17, 2010

Before SMITH, BEAM, and BENTON, Circuit Judges.

Firefighter Michael Specht of the City of Sioux Falls’s Fire Rescue Department (SFFR) and 15 other SFFR firefighters filed suit against the City of Sioux Falls (“the City”), seeking overtime compensation under the Fair Labor Standards Act (FLSA) for work performed at the request of the State of South Dakota (“the State”) to help fight wildfires in western South Dakota and Nebraska. The district court*fn1 granted summary judgment to the City, finding that the special detail exemption of the FLSA, 29 U.S.C. § 207(p)(1), applied because (1) the City firefighters volunteered for the State firefighting assignment and (2) the State and the City are separate and independent employers; as a result, the hours that the firefighters worked for the State are not combined with the hours worked for the City for purposes of overtime compensation. We now reverse.

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