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ROMERO v. TOP-TIER COLORADO LLC

No. 16-1057.

849 F.3d 1281 (2017)

Aarica ROMERO, Plaintiff-Appellant, v. TOP-TIER COLORADO LLC; Richard J. Warwick, Defendants-Appellees. Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED March 7, 2017.

Attorney(s) appearing for the Case

Jamie G. Sypulski , Law Office of Jamie Golden Sypulski, Chicago, Illinois ( Clifford P. Bendau, II , The Bendau Law Firm, Phoenix, Arizona, Douglas M. Werman , and Sarah J. Arendt , Werman, Salas P.C., with her on the briefs), for Plaintiff-Appellant.

Gregory E. Givens , Gregory E. Givens Law Offices, Colorado Springs, Colorado, for Defendants-Appellees.

M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, and Sarah Kay Marcus , Senior Attorney, U.S. Department of Labor, Washington, D.C., filed a brief for Amicus Curiae.

Before TYMKOVICH, Chief Judge, BACHARACH and MORITZ, Circuit Judges.

In dismissing Aarica Romero's minimum-wage claim under Fed. R. Civ. P. 12(b)(6), the district court relied on a single, undisputed fact: Romero has never alleged that she earned less than the federal minimum wage of $7.25 an hour — at least after taking into account both (1) the cash wage that her employer paid her...

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