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headquarters. Petitioner Connelly was employed by the Kansas
State Highway Patrol from 1960 until 1993. During his tenure,
he was a field trooper, field sergeant, field lieutenant, and
field captain. He retired in February 1992 and was rehired the
following day by the highway patrol as a motor-carrier
inspection lieutenant until his termination in 1993.
Jacobs and Connelly joined in a suit entitled Kinnett v.
State of Kansas, Case Nos. 90-4209-DES, 90-4214-DES, and 90-
4215-DES, filed in the U.S. District Court for the District of
Kansas in 1990 (Kinnett). Kinnett involved claims under the
FLSA for unpaid overtime compensation for employee-plaintiffs
who had been classified as exempt from the requirements of the
act.
The amended complaint alleged that the defendant had
employed the plaintiffs on an hourly basis but required them to
work in excess of the hourly levels specified in 29 U.S.C.
section 207 and did not compensate the plaintiffs for their
overtime hours. Both Jacobs and Connelly had consistently
worked in excess of 40 hours a week during their tenure. The
employee-plaintiffs’ action challenged the exempt
classification as improper because the employees did not meet
the exemption test set forth in 29 C.F.R. section 541.118
(1991) and sought “unpaid overtime compensation, * * *
liquidated damages, * * * attorney’s fee * * * and costs” under
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