Stultz v. J.B. Hunt Transport, Inc.

35 F. Supp. 3d 866, 23 Wage & Hour Cas.2d (BNA) 654, 2014 WL 2615407, 2014 U.S. Dist. LEXIS 79894
CourtDistrict Court, E.D. Michigan
DecidedJune 12, 2014
DocketCivil Action No. 13-CV-13705
StatusPublished
Cited by2 cases

This text of 35 F. Supp. 3d 866 (Stultz v. J.B. Hunt Transport, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stultz v. J.B. Hunt Transport, Inc., 35 F. Supp. 3d 866, 23 Wage & Hour Cas.2d (BNA) 654, 2014 WL 2615407, 2014 U.S. Dist. LEXIS 79894 (E.D. Mich. 2014).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW .

PATRICK J. DUGGAN, District Judge.

I. INTRODUCTION

This case is brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. [869]*869§ 201 et seq. Plaintiff Robert Stultz claims that his former employer, Defendant J.B. Hunt Transport, Inc., failed to pay him overtime wages for hours worked in excess of forty hours per week from January 16, 2011 through July 12, 2013, the time during which Plaintiff worked for Defendant as a “parts manager.” Although the FLSA generally requires overtime pay for each hour worked in excess of forty hours per week, Defendant argues that it was not required to pay Plaintiff overtime under the so-called administrative exemption, which is codified at 29 U.S.C. § 213(a)(1). Under that exemption, employers do not have to pay overtime wages to “any employee employed in a bona fide executive, administrative, or professional capacity.” 29 U.S.C. § 213(a)(1).

The Court held a bench trial on May 15 and 19, 2014, during which the Court heard testimony from three witnesses: Plaintiff, Richard Mumm, Defendant’s maintenance manager and Plaintiffs supervisor, and Veral Noland, Defendant’s tire program manager. For the reasons that follow, the Court concludes that the administrative exemption does not apply in this case and that, accordingly, Defendant was required to pay Plaintiff overtime wages for hours worked in excess of forty hours per week. The Court further finds that the two-year statute to limitations applies in this case—and not the three-year statute of limitations—because Plaintiff failed to satisfy his burden of proving that Defendant’s violation of the FLSA was willful, and that Plaintiff is entitled to liquidated damages because Defendant failed to satisfy its burden of proving that liquidated damages are inappropriate.

II. LAW AND THE PARTIES’ ARGUMENTS

The administrative exemption covers employees:

(1) Compensated ... at a rate of not less than $455 per week ...;
(2) Whose primary duty is the performance of office or non-manual’ work directly related to the management or general business operations of the employer or the employer’s customers; and (3) Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

29 C.F.R. § 541.200(a). It is undisputed that “[t]he [administrative] exemption is to be narrowly construed against the employer, and the employer bears the burden of proving each element by a preponderance of the evidence.” Foster v. Nationwide Mut. Ins. Co., 710 F.3d 640, 642 (6th Cir. 2013).

The parties agree that the first element of § 541.200(a) is satisfied, but disagree on the remaining two elements. Regarding the third element, the regulations provide the following guidance on the meaning of “discretion and independent judgment” for purposes of § 541.200(a)(3):

• “In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered.” 29 C.F.R. § 541.202(a).
• “The exercise of discretion and independent judgment implies that the employee has authority to make an independent choice, free from immediate direction or supervision. However, employees can exercise discretion and independent judgment even if their decisions or recommendations are reviewed at a higher level.” Id. § 541.202(c).
• “The exercise of discretion and independent judgment must be more [870]*870than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources.” Id. § 541.202(e).

III. ANALYSIS

A. Plaintiffs Job Duties as Parts Manager

Plaintiff held several positions during his employment with Defendant, but seeks overtime wages in this lawsuit only for overtime worked while Plaintiff held the position of parts manager, which was from January 16, 2011 through July 12, 1013.1 The evidence adduced at trial reflects that Plaintiff performed the following duties while working as a parts manager: (1) scrap audits; (2) fleet inspections and terminal audits; (3) shipped, received, and issued parts; (4) cycle counts; (5) end-of-year inventories; (6) participated in a think tank; (7) briefly performed some of the roles of regional tire manager; (8) trained employees; and (9) ordered supplies. The Court addresses each of these roles, in turn, for the purpose of determining whether they involved the exercise of discretion and independent judgment with respect to matters of significance for purposes of § 541.200(a).

1. Scrap Audits

Plaintiff testified that he performed scrap audits for Defendant in Ohio and elsewhere approximately once every four months in the winter and every other month in the summer. Plaintiff originally started performing scrap audits as a tire utility because his expertise in tires was apparent to Defendant’s management soon after he began working for Defendant in 2005. At trial, Plaintiff explained the nature of scrap audits and his role in the process. Defendant sends its used tires to certain vendors around the country for a determination whether they should be scraped or retreated/repaired for further use. Once enough tires accumulated at a given vendor site, the vendor would call Plaintiff, at which time Plaintiff would seek permission from his supervisor to travel to the vendor site. Plaintiff testified that he would get fired if he went to a vendor site without seeking permission, and that there were times when his boss told him to “put it off’ for a period of time. When he arrived at the vendor site, Plaintiff would “check in and see the retread manager,” who would “point to a pile of tires that have been scrapped out” (ie., deemed by the vendor to be unfit for further use). Plaintiffs role as a scrap auditor was to examine each scrapped tire to make sure that the vendor had correctly deemed that tire unfit for further use. Richard Mumm, Defendant’s maintenance manager and Plaintiffs supervisor, described Plaintiffs role as a scrap auditor in a similar fashion:

You’re making justification or I should say the observation and decision on if a tire is warrantable, when the scrapper has got it listed as non-warranty. You are ... you discuss that issue to try to get our warranty returns.

In determining whether the vendor had correctly scraped a tire, Plaintiff applied the retreading standards set out in a manual that was given to him by Defendant called “tire university.” According to Plaintiff:

[Everything was state[d] to me [in tire university] what could be kept again [retreaded] and what couldn’t be kept again....

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35 F. Supp. 3d 866, 23 Wage & Hour Cas.2d (BNA) 654, 2014 WL 2615407, 2014 U.S. Dist. LEXIS 79894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stultz-v-jb-hunt-transport-inc-mied-2014.