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BEAUFORD v. ACTIONLINK, LLC

Nos. 13-3265, 13-3380.

781 F.3d 396 (2015)

Jennifer BEAUFORD, Individually and on behalf of others similarly situated; Steve Cox, Individually and on behalf of others similarly situated; Elaina Grauer, Individually and on behalf of others similarly situated; Richard S. Levis, Individually and on behalf of others similarly situated; Richard Neidert, Individually and on behalf of others similarly situated; Jill Pate, Individually and on behalf of others similarly situated; Cheryl Songster, Individually and on behalf of others similarly situated, Plaintiffs v. ACTIONLINK, LLC, Defendant-Appellee. Karl Adams, III; Donny Banerjee; Michael Breeding; David Caffey; Stephanie Davis; Samvel Davtyam; John Demian; Jason Dorazio; Coley Faulk; Michael Fayfer; Frances Francisco; Kasey Gray; John Karalis; Jason Kelly; John McLouglin, Jr.; Greg Morrison; Terrance Nowak; Ryan Okimoto; Janette Reynolds; Ricardo Rubalcava; Carolee Sabala; Rene Sandoval, Jr.; Jeff Saylors; Gregory Sutton; William Wagoner, Claimants-Appellants Jennifer Beauford, Individually and on behalf of others similarly situated; Steve Cox, Individually and on behalf of others similarly situated; Elaina Grauer, Individually and on behalf of others similarly situated; Richard S. Levis, Individually and on behalf of others similarly situated; Richard Neidert, Individually and on behalf of others similarly situated; Jill Pate, Individually and on behalf of others similarly situated; Cheryl Songster, Individually and on behalf of others similarly situated, Plaintiffs-Appellees v. ActionLink, LLC, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed March 20, 2015.

Attorney(s) appearing for the Case

Timothy A. Steadman, argued, Little Rock, AR (John T. Holleman, Maryna O. Jackson, on the brief), for appellants/cross-appellees.

Joseph D. Weiner, argued, Minneapolis, MN (Andrew James Voss, Stephanie D. Sarantopoulos, Eva Camille Madison and Jeffrey A. Timmerman, on the brief), for appellee/cross-appellant.

Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.

In September 2011, the Department of Labor (DOL) began investigating a complaint that ActionLink, LLC, a marketing company, had misclassified some of its employees as exempt under the Fair Labor Standards Act (FLSA) and failed to pay overtime compensation. During the subsequent DOL...

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