Anthony Oldham v. United States Postal Service

465 F. App'x 440
Court of Appeals for the Sixth Circuit·Decided February 23, 2012·No. 10-5767·Unpublished·Cited by 5 cases

Opinion

JULIA SMITH GIBBONS, Circuit Judge.

Anthony Oldham, a former employee of the United States Postal Service (“USPS”), filed suit under the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., to recover unpaid overtime compensation. After a bench trial, the district court ruled in favor of the USPS, finding that Oldham did not work the overtime hours for which he sought recovery. In addition, the district court found that because Oldham self-reported his time and was paid for any claimed overtime, his failure to report additional overtime hours allegedly worked barred recovery. Old-ham appeals. For the following reasons, we affirm the judgment of the district court.

I.

This case arises from overtime work which Oldham allegedly performed in 2003, 2004, and 2005 without compensation. Oldham was employed by the USPS as a non-exempt employee from May 1994 through May 2005. In November of 1999, Oldham became a full-time window clerk— *441 classified as an Executive and Administrative Schedule (“EAS”) 5 position — at the Madison, Tennessee, Post Office. Oldham subsequently began taking on temporary supervisory positions, known as 204Bs, at various post offices around Tennessee. In January of 2003, Oldham went to Lebanon, Tennessee, on a 204B assignment at a new annex post office that the USPS was opening due to the high volume of mail received by the main post office in Lebanon. 1 Oldham claimed that he put in greater than twelve hour days from January 2003 through the summer of 2003, generally working from 4:00 a.m. until 6:00 or 6:30 p.m. After the summer of 2003, Oldham testified that he began coming in a little later, starting his workday at approximately 5:00 or 5:30 a.m., and leaving work at 5:30 or 6:00 p.m.

In March 2004, Oldham became an official Lebanon employee through an involuntary reassignment. Thus, his home office was no longer Madison, and at this point another USPS employee, Pam Higdon, generally entered his time, although occasionally other USPS employees would enter his time. Although Oldham should have been clocking in and out of work, he was told not to do so by Tracy Mofield, the Lebanon postmaster, and Kelly Jordan, the station manager.

Oldham testified that he generally worked six days a week, twelve hours a day from October 2003 through July 2004, and after his reassignment to Lebanon became official, he continued to work from approximately 5:00 or 5:30 a.m. to 5:30 or 6:00 p.m. Several coworkers placed Old-ham’s arrival time at the annex at 7:00 a.m. or later, with others reporting a 6:30 a.m. arrival, and others suggesting that a 6:00 a.m. arrival was Oldham’s “normal time.” In addition, Oldham’s Lebanon supervisor, Kelly Jordan testified that he told his supervisory-level employees to show up approximately thirty minutes before the city postal carriers would clock in, which would suggest a 6:30 a.m. or 7:00 a.m. arrival time, and that he told Oldham that it was an eight hour job. Employees at the Lebanon Annex also recalled that Oldham took long lunch breaks and often left earlier than his own testimony would suggest. For instance, Jordan testified that he and Oldham often took two-hour long lunch breaks. Further, Byrum O’Guin testified that Oldham was occasionally absent from the annex at 3:30 p.m. when O’Guin would return from his route, and Jared Kennamer recalled that he overlapped with Oldham while taking over his position in Lebanon and that the two men both worked from 6:30 a.m. to 3:30 p.m. during that period. In addition, other employees testified that when Oldham stayed later than his official duties at the annex required, it was often in order to work on personal matters such as his resume or the newsletter for his Masonic lodge, or to make-up time because he had taken an extra-long lunch.

In July 2004, Oldham received a 204B assignment to work in the Antioch Post Office. During his time in Antioch, Old-ham reported his time using a time card. Oldham has made no claims for overtime worked during his 204B assignment in Antioch, which ended in January 2005, because he acknowledges that he was compensated for any overtime worked during that time period.

On December 25, 2004, Oldham was promoted to postmaster for the Arrington, Tennessee post office, and he officially began reporting to the Arrington office on approximately January 24, 2005. Oldham alleges that a manager of post office oper *442 ations (“MPOO”), Ramona Mitchell, asked him to stay on in order to assist his Antioch supervisor by getting the new replacements up to speed, completing an additional task of tracking the street observations of postal carriers that were being conducted in her twenty-two offices, and carrying out additional street observations in Antioch. Mitchell’s testimony differs from Oldham’s. Mitchell testified that the special project of tracking the street observations should have been a fifteen to thirty minute task involving making a simple Excel spreadsheet and that she “never knew of Mr. Oldham going out to any office on my behalf.” Oldham testified that because he had not completed the street observations in Antioch by January 24, he worked in both Antioch and Arrington for the first few weeks following his start as Arring-ton’s postmaster. Due to this workload, Oldham claims that he was working from 4:00 a.m. until 6:00 or 7:00 p.m.

As a postmaster, Oldham was able to self-report his time and submitted his hours to the time and attendance office directly. However, Oldham testified that when he spoke with the time and attendance office, he was told that they would only accept his report of the hours worked in Arrington and that the office for which he was performing additional work (Antioch) would be responsible for submitting his additional hours. Oldham alleges that he informed a supervisor in Antioch about the hours he was logging on the street observations, but these additional hours were not included in his pay. When he noticed the discrepancy and informed the time and attendance office, he was told that it was the responsibility of the individual offices to submit adjustments to correct the error. Oldham admits that when the adjustments were not made, he did not follow-up to correct his time because he was “so busy at that time” that he was “hoping [time and attendance] would take care of it.”

Free access — add to your briefcase to read the full text and ask questions with AI

Anthony Oldham v. United States Postal Service, 465 F. App'x 440 (6th Cir. 2012).

465 F. App'x 440 (Anthony Oldham v. United States Postal Service) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gomez v. Tyson Foods, Inc.
295 F.R.D. 397 (D. Nebraska, 2013)
Thompson v. Bruister & Associates
967 F. Supp. 2d 1204 (M.D. Tennessee, 2013)