Travis Paul v. Petroleum Equipment Tools Co.

708 F.2d 168, 77 A.L.R. Fed. 667, 26 Wage & Hour Cas. (BNA) 390, 1983 U.S. App. LEXIS 26355
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 27, 1983
Docket82-3216
StatusPublished
Cited by41 cases

This text of 708 F.2d 168 (Travis Paul v. Petroleum Equipment Tools Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Travis Paul v. Petroleum Equipment Tools Co., 708 F.2d 168, 77 A.L.R. Fed. 667, 26 Wage & Hour Cas. (BNA) 390, 1983 U.S. App. LEXIS 26355 (5th Cir. 1983).

Opinions

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Travis Paul, a company airplane pilot, brought this suit against Petroleum Equipment Tools Co., his former employer, seeking overtime pay allegedly due under the Fair Labor Standards Act. 29 U.S.C. §§ 201-219. After a bench trial, the district court concluded that Paul was employed in a bona fide professional capacity within the meaning of 29 U.S.C. § 213(a)(1) and its regulations and therefore was exempt from the overtime provisions of the FLSA. Taking judicial notice of Federal Aviation Administration regulations detailing the level of skill needed to fly PETCO’s airplane, we affirm the district court’s determination that Paul was employed in a professional capacity.

On January 12, 1979, PETCO hired Travis Paul to fly one of its company airplanes, a twin-engine, turboprop Beechcraft King Air B100 located in Lafayette, Louisiana. Paul was an experienced pilot and had long earned his living as a commercial pilot. Since learning to fly at England’s Flying Service in Mobile, Alabama in 1966, Paul had logged 4900 hours of flying time as pilot-in-command of numerous types of airplanes. He held an airline transport pilot certificate, a flight instructor certificate, an instrument rating, and was authorized to fly both single and multiengine airplanes. At PETCO, Paul not only flew the plane but also cleaned it, stocked it, prepared reports of expenses and flight operations, and maintained charts and manuals. He received a monthly salary ranging from $1700 to $2081.

Paul resigned from PETCO on September 19, 1980. He then brought suit against PETCO seeking overtime compensation and liquidated damages under the FLSA and penalty wages under Louisiana law. PET-CO asserted numerous defenses, including the claim that Paul was a professional and [170]*170thus was exempt from the FLSA’s overtime provisions. During the three day bench trial, the parties focused primarily on the accuracy of Paul’s reported “duty time,” on the existence of a company bonus plan, and on Paul’s understanding regarding the hours he was required to work. The district court did not reach these issues; it instead ruled that Paul was exempt from the FLSA because he was employed in a bona fide professional capacity. Paul appeals, claiming that the record evidence does not support this finding.

The FLSA exempts from its overtime provisions “any employee employed in a bona fide executive, administrative, or professional capacity....” 29 U.S.C. § 213(a)(1). The employer bears the burden of proving exempt status. See Usery v. Associated Drugs, Inc., 538 F.2d 1191, 1194 (5th Cir.1976). In addition, the exemptions contained in the Act are to be narrowly construed against the employer. See Brennan v. Greene’s Propane Gas Service, Inc., 479 F.2d 1027, 1032 (5th Cir.1973). While there may be uncertainty in the deference to be given a trial court’s ultimate conclusion of exempt status, see Jacksonville Paper Co. v. McComb, 167 F.2d 448 (5th Cir. 1948), there is no disagreement that the subsidiary facts underlying that determination are governed by the “clearly erroneous” standard of Fed.R.Civ.P. 52(a). See, e.g., Continental Oil Co. v. Cole, 634 F.2d 188, 191 (5th Cir.1981). See also Robicheaux v. Radcliff Material, Inc., 697 F.2d 662, 666 (5th Cir.1983).

Determination of professional status is guided by regulations issued by the Secretary of Labor and the Administrator of the Wage-Hour Division pursuant to congressional direction. These regulations permit an employer to use either a “long test” or a “streamline test” to meet its burden of proving an employee’s professional status. Under the long test, a court may decide that an employee is an exempt professional only if the conditions of his employment satisfy the requirements set forth in 29 C.F.R. § 541.3(a)-(e). If, however, an employee receives a minimum weekly salary of $250, the employer’s contention that he is exempt may be measured by the shorter streamline test described in 29 C.F.R. §§ 541.3(e), .315. Because it is undisputed that Paul received at least $250 weekly, the district court properly resorted to the streamline test.

Under this test, PETCO must show that Paul’s “primary duty consists of the performance of work requiring knowledge of an advanced type in a field of science or learning ... which includes work requiring the consistent exercise of discretion and judgment.” §§ 544.3(e), .315.1 “Primary duty” means that “the major part, or over 50 percent, of the employee’s time” must be spent performing exempt work. § 541.103. Activities that are “an essential part of and necessarily incident to” the professional work are also exempt. § 541.307. Exempt work involving advanced learning is described in § 541.302. Such work requires knowledge of an advanced type that generally cannot be attained at the high school level. This knowledge must be in a field of science or learning as distinguished from the mechanical arts. It also must be “customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes.” § 541.3(aXl). Finally, a “prime characteristic of professional work is the fact that the employee does apply his special knowledge or talents with discretion and judgment. Purely mechanical or routine work is not professional.” § 541.-305(b).

In applying these regulations to Paul, the district court first found that Paul’s work required the exercise of discretion and [171]*171judgment. The court noted, “He made the final decision of whether or not to fly and he chose the safest and most efficient route. Airborne, he was consistently exposed to periods wherein at any moment he might be required to make an instant judgment, drawing on knowledge acquired through flight training.” We find that these findings of fact are not clearly erroneous. Two PETCO pilots testified that they had the sole authority to decide whether possible weather disturbances would require cancellation of the flight or alteration of the route. They also testified that they had to decide whether a particular plane was “airworthy.” Such decisions are not “purely mechanical or routine” but involve considerable discretion and judgment. This case is thus materially different from Martin v. Penn Line Service, Inc., 416 F.Supp. 1387 (W.D.Pa.1976), on which Paul relies.

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708 F.2d 168, 77 A.L.R. Fed. 667, 26 Wage & Hour Cas. (BNA) 390, 1983 U.S. App. LEXIS 26355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travis-paul-v-petroleum-equipment-tools-co-ca5-1983.