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Calvao v. Town of Framingham

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

This case under the Fair Labor Standards Act (“FLSA”) raises an issue about whether a city or town must give notice to its public safety officers as a matter of federal law before the municipality takes advantage of a special statutory exemption for these officers from usual overtime requirements, 29 U.S.C. § 207(k). We hold no such notice is required.

Plaintiffs are police officers of the Town of Framingham who brought a putative class action suit against the Town in April 2005, alleging that the Town had failed to pay them sufficient overtime in violation of the FLSA, 29 U.S.C. §§ 201-19, and seeking damages. Anticipating the Town’s defense, the officers sought a declaratory judgment that the Town was ineligible for the FLSA’s limited public safety exemption from overtime, 29 U.S.C. § 207(k). That exemption eases the FLSA’s overtime pay requirements on public employers who establish work schedules that meet statutory requirements.

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