BATTLE CREEK (AP) — Two fire battalion chiefs in southwestern Michigan who wanted overtime for being on call have lost their case at a federal appeals court.
Howard Holt and Martin Erskine said they avoided alcohol, quit playing sports and went to certain events in a separate car in case they were called to duty at odd hours in Battle Creek. But Judge Janet Neff said they were exempt from overtime under the executive exemption in federal wage law.
An appeals court agreed Monday, saying evidence supports the conclusion that their primary duty was managing employees in the fire department.
Former fire Chief Larry Hausman said other battalion chiefs were able to pursue pastimes while on call, including golf and working on a horse farm.
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