“Admittedly, a warehouse worker who earns $700 per week ensuring that vegetables and other foodstuffs are loaded onto the correct delivery trucks and who lacks an office, a cubicle, or even a chair to call his own does not fit the popular image of a “bona fide executive.” 29 U.S.C. § 213(a)(1). But whatever incongruity there may be has nothing to do with the criterion plaintiffs would have us read into the regulation. Plaintiffs do not dispute the applicability of any of the criteria for executive status that concern their own managerial role. Rather, they argue that they are not executives because of a characteristic of the units that they supervise, based on a rule that would assuredly deny exemption to any number of highly paid managerial employees who head distinct teams of subordinates, simply because those teams perform parallel, rather than functionally distinct, tasks. In any event, Congress left the linedrawing task to the Department of Labor, which has drawn lines that exempt plaintiffs from the FLSA’s overtime protections. Congress or the Department would be free, of course, to redraw those lines. But under the current regulations, which are not “arbitrary, capricious, or manifestly contrary to the [FLSA],” Freeman, 80 F.3d at 82, plaintiffs are not entitled to overtime pay.”
UNITED STATES COURT OF APPEALS, SECOND CIRCUIT
This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”
As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.
Please also note that some cases we report on were initiated by the Department of Labor and then settled without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.
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