Hicks v. Mercedes-Benz U.S. International, Inc.

877 F. Supp. 2d 1161, 2012 WL 2577768, 2012 U.S. Dist. LEXIS 90547
CourtDistrict Court, N.D. Alabama
DecidedJune 29, 2012
DocketNo. 7:08-cv-0536-LSC
StatusPublished

This text of 877 F. Supp. 2d 1161 (Hicks v. Mercedes-Benz U.S. International, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hicks v. Mercedes-Benz U.S. International, Inc., 877 F. Supp. 2d 1161, 2012 WL 2577768, 2012 U.S. Dist. LEXIS 90547 (N.D. Ala. 2012).

Opinion

MEMORANDUM OF OPINION

L. SCOTT COOGLER, District Judge.

I. Introduction

Before this Court is the fourth in a series of motions for summary judgment filed by Defendant Mercedes-Benz U.S. International, Inc. (“MBUSI”).1 The present motion, filed on September 26, 2011 [1166]*1166(Doc. 114), seeks summary judgment as to the claims of eighteen Plaintiffs who allegedly meet the executive exemption to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA” or “the Act”) because they “admit that their primary duty is management and that they perform no nonexempt work.” (Id. at 1.) A brief in support of the motion (Doc. 115) was contemporaneously filed. Plaintiffs filed a response to the motion on October 26, 2011 (Doc. 136), and MBUSI filed a reply brief on November 16, 2011 (Doc. 142). This motion is now ripe for decision.

II. Facts2

The present motion concerns eighteen Plaintiffs, fifteen of which have claims remaining: 3 Hugh Boles, Brian Boyd, Gerald Chiabi, James Davis,4 Billy Englebert, Curtis Gibbs, Mark Gothard, Chad Hampton, Daryl Hiott, Jay Houser, Kevin Martin, Kevin McCurley, Steven Munoz, Susan Pope, and Willie Mark Williams.

All of these Plaintiffs are, or were, were employed by MBUSI as Group Leaders (“GLs”). Each GL has a group which consists of Team Leaders (“TLs”) and Team Members (“TMs”). While employed as GLs, these Plaintiffs were classified by MBUSI as exempt employees. MBUSI made changes to the overtime policy for exempt employees in February and March of 2005, and again in March of 2006. Following the March 2006 changes, GLs could be paid overtime only after completing five unpaid hours per week of pre- and post-shift work activities designated as “casual time.” While overtime would still be paid for extra hours worked on weekends without the casual time requirement, the policy effectively required forty-five hours, rather than forty, to be worked before any weekday overtime could accrue. The “casual time” language was removed from the policy in a revision on April 7, 2008.

On June 10, 2009, a number of GLs and former GLs filed a complaint against MBUSI. The essence of the complaint is that, by mischaracterizing the GLs as exempt, MBUSI was “requiring [them] ... to work overtime without payment of overtime ... in violation of the [FLSA].” (Lawson Doc. 1 at 9.)

III. Standard

Summary judgment is proper “if the pleadings, depositions, answers to inter[1167]*1167rogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The party moving for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the evidence] which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant can meet this burden by presenting evidence showing that there is no genuine dispute of material fact, or by showing that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. In evaluating the arguments of the movant, the court must view the evidence in the light most favorable to the nonmoving party. Mize v. Jefferson City Bd. of Educ., 93 F.3d 739, 742 (11th Cir.1996).

Once the movant has met its burden, Rule 56(e) “requires the nonmoving party to go beyond the pleadings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (quoting Fed.R.CivP. 56(e)). “A factual dispute is genuine only if a ‘reasonable jury could return a verdict for the nonmoving party.’ ” Info. Sys. & Networks Corp. v. City of Atlanta, 281 F.3d 1220, 1224 (11th Cir.2002) (quoting United States v. Four Parcels of Real Property, 941 F.2d 1428, 1437 (11th Cir.1991)).

IV. Discussion

Section 13(a)(1) of the FLSA provides that its minimum-wage and overtime provisions do “not apply with respect to ... any employee employed in a bona fide executive, administrative, or professional capacity.” 29 U.S.C. § 213(a)(1). As with all FLSA exemptions, the executive exemption is to be “narrowly construed so that it applies to those plainly within its terms and spirit.” Gregory v. First Title of Am., Inc., 555 F.3d 1300, 1302 (11th Cir.2009). In asserting that an exemption applies, “the employer ‘bears the burden of proving the applicability of a[n] FLSA exception by clear and affirmative evidence.’ ” Id. (quoting Klinedinst v. Swift. Invs., Inc., 260 F.3d 1251, 1254 (11th Cir.2001)). The regulations provide a four-part test for determining whether an employee fits the executive exemption:

(a) The term “employee employed in a bona fide executive capacity” in section 13(a)(1) of the Act shall mean any employee:
(1) Compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities;
(2) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;
(3) Who customarily and regularly directs the work of two or more other employees; and
(4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.

29 C.F.R. § 541.100. Each one of these requirements is the subject of debate between the parties: MBUSI contends that [1168]*1168all four are easily demonstrated, and that summary judgment is therefore appropriate; Plaintiffs hold to the other extreme, that none of the four can be established and that each presents genuine issues of material fact.

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Bluebook (online)
877 F. Supp. 2d 1161, 2012 WL 2577768, 2012 U.S. Dist. LEXIS 90547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-mercedes-benz-us-international-inc-alnd-2012.