IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41468
Summary Calendar
MARY COLLINS, THOMAS MURPHY,
ROBERT POLANCO, MARK ANTHONY WAGNER,
JOHN CAMPBELL, WELDON WALKER,
Plaintiffs-Appellants,
versus
CITY OF CORPUS CHRISTI,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CV-66
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October 26, 2001
Before JONES, SMITH, EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Plaintiff firefighters appeal from the summary judgment
entered for the City of Corpus Christi on their claims arising
under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et
seq. Plaintiffs argue that the City, through a collective
bargaining agreement, requires them to work a 54-hour week
without overtime pay in violation of the FLSA maximum of 53
hours. Plaintiffs argue that the collective bargaining agreement
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-41468
-2-
violates both the FLSA and the Texas Local Government Code §
142.0015(b). After a de novo review of the record, we affirm.
The FLSA requires a city that has elected a 27-day work
period, such as the defendant here, to pay overtime to
firefighters when they have exceeded 204 hours worked during the
work period. See 29 U.S.C. § 207(k); 29 C.F.R. § 553.230(C).
Therefore, the 53-hour maximum argued by plaintiffs does not
apply. We are satisfied that the record shows the City pays
overtime to the plaintiffs, and the City has not violated the
FLSA or the Texas Local Government Code.
AFFIRMED.