Monday, April 27th, 2009...8:04 am
DAlaska: Beistline Permits Immediate Appeal on FLSA Issue
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U. S. District Judge Ralph Beistline has granted the employer’s motion for an interlocutory appeal to the 9th Circuit on his holding that the FLSA covers a Fairbanks group home for emotionally-challenged children. He wrote:
The Court agrees that the applicability of the FLSA to institutions such as the Therapeutic Family Homes in this case is a “controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.”
Probert v. Family Centered Services (D.Alaska Order of Apr. 24, 2009)
The briefing on the motion for a § 1292 certificate of appealability is here.
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