Recently, in June of 2010, the Court of Appeals of Ohio for the Eighth District heard a case regarding unpaid overtime and nonpayment of wages which the Plaintiff claimed violated the FLSA and Chapter 4111 of the Ohio Revised Code. (See White v. Murtis M. Taylor Multi-Service Center, 2010 WL 23333009 (Ohio App. 8 Dist)). In White, the Plaintiff worked for the Defendant from 2002 to 2004. He filed suit in January of 2008. The trial court in September of 2008 granted the summary judgment motion of the Defendant dismissing the case in that it agreed that Plaintiff was exempt from receiving overtime pay pursuant to both the administrative and the learned professional exemptions. Id. This Court reviewed and reversed the lower court’s rulings. The reasons are as follows.
“The FLSA exempts employees who are “employed in a bona fide executive, administrative, or professional capacity.”” (cites omitted). Id. In order to be exempt under the administrative exemption it must be demonstrated that “1) the employee is compensated at a salary or fee basis at a rate of not less than $455 per week, 2) the employee’s primary duties include 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) the employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.” (cites omitted). Id.
The evidence before the Court did not show that Plaintiff could exercise distraction and independent judgment with respect to matters of significance. Id. “Ultimately, the court must consider what ability the employee had to create and implement policies and practices at work.” Id. Plaintiff in this FLSA overtime case simply assisted his clients in learning and completing everyday tasks such as grocery shopping and locating community resources. Id. Also, Plaintiff did not supervise anyone.
To qualify for the learned professional exemption, the employee must “1) the employee must perform work requiring advanced knowledge; 2) the advance knowledge must be in a field of science or learning; and 3) the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.” (cites omitted). Id.
The job that Plaintiff held did not require any advanced knowledge. The job description required that the person have “some course work in social work, counseling, psychology or related disciplines beyond high school…” Id. No special degree was necessary. Id. Further, the job Plaintiff performed did not require advance knowledge in a field of science or learning. Id.
It has been held in other Courts that helicopter pilots are not learned professionals. Though they are highly trained and skilled they did not possess an academic degree to exempt them from FLSA overtime. Id.
Thus, if you are an employee in Kentucky that thinks that he or she is being misclassified into an administrative or learned professional exemption to FLSA overtime allowance, then you should contact a Kentucky overtime lawyer such as Andrew Alitowski. Your title does not dictate whether or not you should be earning overtime; what you actually do is what dictates.
If you have been the subject of Kentucky FLSA Overtime matter, please call and speak to a Kentucky FLSA overtime attorney at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
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