United States Eleventh Circuit

In a class action, store managers were reasonably found to have been willfully denied overtime pay. Where store managers were shown to spend 80 to 90% of their time performing nonexempt, manual labor, the jury reasonably concluded that their primary duty was not management, and that they were not exempt "executives" within the meaning of the Fair Labor Standards Act.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• HULL, Circuit Judge:, Before DUBINA, HULL and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• James M. Finberg, Peder J. Thoreen, Altshuler Berzon, LLP, San Francisco, CA, for Amici Curiae.


• For Appellees:
  
• Scott Burnett Smith, Bradley, Arant, Rose & White, Huntsville, AL, James Walker May, T. Matthew Miller, Bradley, Arant, Rose & White, LLP, Birmingham, AL, Philip Lane Ross, Littler Mendelson, San Francisco, CA, Robert A. Long, Jr., Covington & Burling, Washington, DC, for Defendant-Appellant., Robert L. Wiggins, Jr., Gregory O. Wiggins, Herman N. Johnson, Jr., Kevin Wade Jent, Wiggins, Childs, Quinn & Pantazis, P.C., Peter Mark Petro, Jospeh Allen Schreiber, Schreiber & Petro, P.C., Birmingham, AL, for Plaintiffs-Appellees.