In March of 2009 the United States District Court for the Western District of Kentucky heard a case involving a Kentucky overtime non-exempt FLSA employee who thought he was non-exempt and thus entitled to overtime back wages. (See Hubbuch v. United Parcel Service, Inc., 2009 WL 859511 (W.D. Ky. 2009)). In this Kentucky overtime exempt FLSA case the plaintiff was employed as an engineering specialist in Louisville, Kentucky. The Plaintiff alleged that he was not paid for on-call time for two years in violation of the FLSA. Id.
Plaintiff’s Kentucky overtime lawyer alleged that plaintiff was given a cellular telephone by his employer to handle company business outside of regular working hours. Id. Plaintiff’s Kentucky overtime lawyer alleged that plaintiff received about 40-50 calls per week on that phone outside of normal working hours. Id. Plaintiff was alleging that he was owed approximately $125,000. Id.
Pursuant to the FLSA, if the Kentucky employee was working over 40 hours per week then he was entitled to time and a half pay for all hours over the 40. Unless, Plaintiff is an exempt employee. It is the burden of the defendant to show that the Kentucky plaintiff was an exempt employee under an ‘administrative’ exemption. An administrative employee is a salaried employee “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 whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.” (cites omitted). The Kentucky overtime lawyer had to make a very crafty argument.
The plaintiff and his Kentucky overtime lawyer argued that he was a salaried employee but that he did not perform office or non-manual work. Id. But, the court did not agree. The definition of the employee’s job listed a slew of non-manual jobs that he had to perform. The Kentucky plaintiff is not simply a mechanic. He is in management. Also, the defendant had a policy to pay its employees for overtime and that included compensation for outside of normal working hours calls. The Kentucky plaintiff was required by his own admission to report such work. And in the past had been paid for such work.
If you have been the subject of a Kentucky overtime case, please call and speak to a Kentucky overtime lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!