A Fox Rothschild LLP team led by Heidi K. Wilbur along with Patrick Kane and Kip Nelson were selected as Amicus Service Award recipients by the International Municipal Lawyers Association (IMLA) for their “legal advocacy and exemplary work in protecting and advancing local government interests.” The trio was honored for preparing an amicus brief to the Supreme Court of the United States on behalf of IMLA in Conner v. Cleveland County.

In the case, an emergency medical technician in Cleveland County, North Carolina filed suit against the county in federal court alleging that the county underpaid her regular straight-time wages during weeks where she also worked overtime. The Fourth Circuit allowed the claim to proceed under the Fair Labor Standards Act (FLSA), further cementing a split between federal appellate courts as to whether the FLSA allows “overtime gap-time claims.”

The amicus brief emphasized the harmful impact of the Fourth Circuit’s decision on local governmental employers. IMLA argued that if “overtime gap-time claims are allowed to proceed under the FLSA, it will constitute a major expansion of federal jurisdiction into an area that is best resolved by state employment and contract claims.”

Wilbur, a partner in Fox’s Labor & Employment Department, counsels businesses on a range of employment issues and defends their interests in litigation, appellate and administrative proceedings.

Kane, a partner in Fox’s Litigation Department, is an experienced trial attorney and Certified Appellate Specialist whose practice includes high-stakes commercial litigation, municipal litigation and appellate law.

Nelson, a partner in Fox’s Litigation Department, has an active appellate practice in both state and federal courts, and holds a certification as an appellate specialist from the North Carolina State Bar Board of Legal Specialization.