Wright v. City of Jackson

727 F. Supp. 1520, 29 Wage & Hour Cas. (BNA) 1025, 1989 U.S. Dist. LEXIS 15902, 1989 WL 160615
CourtDistrict Court, S.D. Mississippi
DecidedNovember 22, 1989
DocketCiv. A. No. J86-0764(W)
StatusPublished

This text of 727 F. Supp. 1520 (Wright v. City of Jackson) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. City of Jackson, 727 F. Supp. 1520, 29 Wage & Hour Cas. (BNA) 1025, 1989 U.S. Dist. LEXIS 15902, 1989 WL 160615 (S.D. Miss. 1989).

Opinion

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

This matter is before the court on the question of whether the defendant City of Jackson, Mississippi, is liable to the successful plaintiffs for liquidated damages, where on an earlier day plaintiffs prevailed at trial on their claims under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. At a jury trial on the merits, plaintiffs, certain city employees of the Jackson Fire Department, holding the positions of combat fire captain, communications captain, and paramedic shift supervisor, established that the City of Jackson, Mississippi, had violated the mandate of the Fair Labor Standards Act by failing to compensate these plaintiffs for overtime hours spent on the job. Now, pursuant to 29 U.S.C. § 216(b), the plaintiffs are back before the court seeking an award of liquidated damages and attorney fees. Persuaded by the law and the facts, the court finds for the defendant and thus declines to award liquidated damages for the reasons which follow.

At trial, plaintiffs contended that pursuant to the overtime provisions of the Fair Labor Standards Act (hereinafter FLSA), 29 U.S.C. § 201, et seq., they were entitled to overtime compensation. The City of Jackson, Mississippi (hereinafter The City) answered with the affirmative defense that plaintiffs were exempt from the overtime provisions of the FLSA.

The FLSA provisions governing overtime compensation have applied to The City since April 15, 1986. The FLSA requires an employer to pay overtime compensation for hours worked in excess of a prescribed work week, 29 U.S.C. § 207. The City contended that under 29 U.S.C. § 213(a)(1)1 and the administrative regulations promul[1521]*1521gated by the Wage and Hour Division, specifically 29 C.F.R. § 541.1, the plaintiffs were executive employees and thus exempt from the overtime provisions of the FLSA.

Section 541.1 of 29 C.F.R. provides a definition for “executive employees” under the FLSA. This section offers the following definitional guidance:

The term “employee employed in a bona fide executive capacity” in section 13(a)(1) of the Act shall mean any employee:
* 4 ‡ ‡ *
(f) Who is compensated for his services on a salary basis ... provided, that an employee who is compensated on a salary basis at a rate of not less than $250 per week ... and whose primary duty consists of the management of the enterprise in which the employee is employed ... and includes the customary and regular direction of the work of two or more employees therein, shall be deemed to meet all the requirements of this section.

The term “salary basis” also is defined in the regulations. Section 541.1(f) of 29 C.F.R. defines “salary basis” as a predetermined amount of compensation which “is not subject to reduction because of variations in the quality or quantity of work performed.” 29 C.F.R. § 541.118(a). Under the exceptions to Section 541.118(a), deductions may be made when an employee is absent for more than one day for personal reasons, sickness or disability if the employer has a disability plan which does not affect the salaried status of an employee. 29 C.F.R. §§ 541.118(a)(2) and (3).

The parties proceeded to trial before jury on their respective positions. During trial, the proof showed that The City docked the plaintiffs’ wages on a wages-per-hour basis for any absences of less than one day, when the employees had exhausted all accumulated leave. The City argues that this practice was in conformity with certain state statutes on the subject, specifically §§ 21-8-21,2 25-3-93,3 and 25-3-95.4 Nevertheless, persuaded that The City’s practice was in violation of section 541.-118(2) of 29 C.F.R., the court directed a verdict for the plaintiffs against The City on the issue of whether the plaintiffs were compensated on a salary basis.

Even though the court had directed a verdict for plaintiffs on this issue and, thus, had determined that plaintiffs prevailed in their lawsuit,5 the court still submitted to the jury the questions of whether plaintiffs were managers and supervisors under the definitions contained in 29 C.F.R. § 541.1. The jury decided that they were not. Thus, the plaintiffs had both the court’s ruling of law and the jury’s verdict on the facts that plaintiffs were not executive employees under the FLSA. Consequently, the court held that The City was henceforth required to pay overtime compensation to these plaintiffs and to compensate them for unpaid overtime from April 15, 1986, to May 3, 1988. The court reserved its ruling on the matter of liquidated damages pending further discussions between the parties and the trial of a companion case, Bond v. City of Jackson, Civil Action No. J88-0186(W). 727 F.Supp. 1516.

[1522]*1522Back before the court, plaintiffs now press their claim for attorney fees and liquidated damages from The City pursuant to 29 U.S.C. § 216(b). Section 216(b) provides for the award of such fees and damages. The case law relative to § 216(b) is already amply set out in Bond v. City of Jackson, Civil Action No. J88-0186(W), 727 F.Supp. 1516, also filed this date. Thus, the court will simply reiterate the pertinent sections.

Title 29 U.S.C. § 216(b) provides in part that:

“Any employer who violates the provisions of § 206 or § 207 of this title shall be liable to the ... employees affected in the amount of their unpaid ... overtime compensation ... and in an additional equal amount as liquidated damages.”

An amendment to the Fair Labor Standards Act found in 29 U.S.C. § 260 palliates the strict liability seemingly imposed by § 216(b). Section 260 provides that:

In any action commenced prior to or on or after May 14, 1947, to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C.A.

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Cite This Page — Counsel Stack

Bluebook (online)
727 F. Supp. 1520, 29 Wage & Hour Cas. (BNA) 1025, 1989 U.S. Dist. LEXIS 15902, 1989 WL 160615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-city-of-jackson-mssd-1989.