Alachua County Board of County Commissioners v. Babula

670 So. 2d 1137, 3 Wage & Hour Cas.2d (BNA) 606, 1996 Fla. App. LEXIS 3306
CourtDistrict Court of Appeal of Florida
DecidedApril 1, 1996
DocketNo. 95-1950
StatusPublished
Cited by1 cases

This text of 670 So. 2d 1137 (Alachua County Board of County Commissioners v. Babula) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alachua County Board of County Commissioners v. Babula, 670 So. 2d 1137, 3 Wage & Hour Cas.2d (BNA) 606, 1996 Fla. App. LEXIS 3306 (Fla. Ct. App. 1996).

Opinion

WOLF, Judge.

Aachua County Board of County Commissioners (county) appeals from an order granting summary judgment in favor of certain employees on the issue of liability under the Fair Labor Standards Act (FLSA). The summary judgment determined that the plaintiffs, correctional officers (sergeants and lieutenants), were not exempt administrative or executive employees under the terms of the FLSA While the county raised several issues on appeal, it is only necessary for us to [1138]*1138address two:1 (1) . Whether the trial court properly granted the motion for summary judgment where issues of material fact existed concerning the status of the plaintiffs under the FLSA; and (2) whether the trial court properly determined the county’s liability for liquidated damages.

On January 29, 1991, several of the plaintiffs (the correctional sergeants) filed a lawsuit pursuant to the FLSA. They alleged that they worked over 40 hours a week without being compensated at 1½ times their normal rate of pay. On October 8, 1991, several correctional lieutenants joined as plaintiffs in the action. The county filed a motion for summary judgment on January 13, 1995. In support of the motion, the county filed portions of depositions of several of the plaintiffs as well as an affidavit. On January 17, 1995, plaintiffs filed a motion of partial summary judgment on the issue of defendant’s liability for overtime pay and liquidated damages. The court entered an order granting plaintiffs’ motion for partial summary judgment and denying the county’s motion for partial summary judgment on April 28, 1995. Based upon these items in the record, the court granted plaintiffs’ motion for summary judgment because the defendant had failed to establish any genuine issue as to material facts as to whether plaintiffs were exempt executive or administrative employees. After conducting an analysis of FLSA and relevant case law, the court found,

[Bjecause the plaintiffs must adhere to protocol and are forbidden from straying from the policy and procedures set by' defendant, plaintiffs are not exempt administrators. See Shockley v. City of Newport News, 997 F.2d 18 (4th Cir.1993), where media relations sergeants for the police department were held to be entitled to overtime though the employer attempted to assert the administration exemption.

The court then found that because the defendant, employer, had failed to bring forth evidence regarding whether it acted in good faith or had reasonable grounds for believing it did not violate the FLSA, the court ordered liquidated damages for the plaintiffs.

The FLSA provides that covered, nonexempt employees are entitled to overtime compensation for all hours worked in excess of 40 hours per week. 29 U.S.C. § 207 (1988).2

The county defended the action based on the theory that the plaintiffs were exempt from the FLSA. The exemptions at issue are contained in 29 U.S.C. § 213 (1988):

(a) The provisions of ... section 207 of this title shall not apply with respect to— (1) any employee employed in a bona fide executive, administrative, or professional capacity ...

Generally, exemptions from overtime pay must be strictly construed against the employer who has the burden of proving the exemption. Wouters v. Martin County, 9 F.3d 924 (11th Cir.1993), cert denied, — U.S. -, 115 S.Ct. 65, 130 L.Ed.2d 21 (1994). A plaintiff moving for a summary judgment is not relieved, however, of demonstrating that there are no issues of material fact. Moore v. Morris, 475 So.2d 666, 668 (Fla.1985). The issue, therefore, is whether any issues of material fact exist concerning the employer’s assertion that it is entitled to one of the exemptions.

Federal statutes and Department of Labor regulations define what constitutes employment in an executive, administrative, or professional capacity. The regulations provide both a “short test” and a “long test” for determining whether an employee meets the executive or administrative exemption. Shockley v. City of Newport News, 997 F.2d 18 (4th Cir.1993). The short test applies [1139]*1139where the employee is paid more than $250 a week; both sides agree the short test applies in the instant ease.

Under the short test for determining whether an employee is in a management position, an employer must prove that (1) management was the employer’s primary duty, and (2) the employee regularly and customarily directed the work of two or more employees. Sturm, v. TOC Retail, Inc., 864 F.Supp. 1346 (M.D.Ga.1994).3 Section 541.102 of the Code of Federal Regulations (1995) presents a nonexclusive list of examples of duties that are managerial and thus exempt:

[EJmployee in the management of his department or the supervision of the employees under him: Interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing their work; maintaining their production or sales records for use in supervision or control; appraising their productivity and efficiency for the purpose of recommending promotions or other changes in their status; handling their complaints and grievances and disciplining them when necessary; planning the work; determining the techniques to be used; apportioning the work among the workers; determining the type of materials, supplies, machinery or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety of the men and the property.

The code states that “[a] determination of whether an employee has management as his primary duties must be based on all the facts in a particular case. The amount of time spent in the performance of managerial duties is a useful guide in determining whether management is a primary duty of an employee.” 29 C.F.R. § 541.103 (1995). Under the regulations, an employee will be considered an exempt administrative employee if (1) his primary duty consists of the performance of office or nonmanual work directly related to management policies or the general business operations of the employer, and (2) such duty includes work requiring the exercise of discretion and independent judgment. 29 C.F.R. § 541.2(e)(2) (1995).

The phrase “directly related to management policies or general business operations of the employer” is meant to describe activities of substantial importance to the management or operation of the employer’s business. 29 C.F.R. § 541.205(a) (1995). This requirement is not to be used to strictly limit the exemption to persons who directly participate in the formulation of management policies or the business operation. 29 C.F.R.

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ALACHUA CTY. BD. OF CTY. COM'RS v. Babula
670 So. 2d 1137 (District Court of Appeal of Florida, 1996)

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Bluebook (online)
670 So. 2d 1137, 3 Wage & Hour Cas.2d (BNA) 606, 1996 Fla. App. LEXIS 3306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alachua-county-board-of-county-commissioners-v-babula-fladistctapp-1996.