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BRIAN K. HALL; MICHAEL G. THOMPSON,
Plaintiffs-Appellants,
v.
EDGEWOOD PARTNERS INSURANCE CENTER, INC.,
Defendant-Appellee.
   No. 17-3744
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:17-cv-00821—Jeffrey James Helmick, District Judge.
Argued: December 6, 2017
Decided and Filed: December 19, 2017
Before: SILER, KETHLEDGE, and THAPAR, Circuit Judges.


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OPINION
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THAPAR, Circuit Judge. Brian Hall and Michael Thompson formed a business division that sold its clients and their goodwill to another company. The buyer kept them on as employees. And in return, Hall and Thompson agreed not to solicit their old clients if they were terminated. But Hall and Thompson broke their promise. When they asked the district court to let them out of the deal, the district court refused, entering a preliminary injunction prohibiting them from soliciting old clients. They now appeal that injunction.

. . .

We AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.



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TOM HUGHES and DESMOND MCDONALD, on behalf of themselves and others similarly situated,
Plaintiffs-Appellants,
v.
GULF INTERSTATE FIELD SERVICES, INC.,
Defendant-Appellee.
   No. 17-3112
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:14-cv-00432—Edmund A. Sargus Jr., Chief District Judge.
Argued: October 6, 2017
Decided and Filed: December 19, 2017
Before: MERRITT, MOORE, and ROGERS, Circuit Judges.


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OPINION
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KAREN NELSON MOORE, Circuit Judge. Tom Hughes and Desmond McDonald served as welding inspectors for Gulf Interstate Field Services on a pipeline-construction project in Ohio between 2013 and 2014. In 2014, they and others similarly situated brought suit under the Fair Labor Standards Act (FLSA) and the comparable Ohio Minimum Fair Wage Standards Act (OMFWSA), asserting that they were entitled to overtime pay for weeks in which they worked more than forty hours. Gulf Interstate argued, and the district court ruled on summary judgment, that Hughes, McDonald, and other employees like them were instead exempt from the overtime requirements because they qualified as highly compensated employees under the governing regulations.

Though Hughes and McDonald concede that they were paid in a manner and at a rate consistent with being exempt, they argue that those facts do not resolve the question under the text of the regulations. Instead, they argue, it matters whether their salaries were guaranteed, and in turn, whether a rational trier of fact could have concluded that there was no such guarantee. Because such a guarantee does matter, and because there is a genuine issue of material fact as to whether such a guarantee existed, we REVERSE the district court’s grant of summary judgment to Gulf Interstate and remand for further proceedings.