Fair Labor Standards Act: Mullins v. City of NY

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U.S. Court of Appeals for the Second Circuit
Fair Labor Standards Act

Management Duties — Department of Labor Interpretations

Mullins v. City of NY
09-3435
Judges Newman, Calabresi and Katzmann

Background: The sergeants in the New York City Police Department brought a lawsuit alleging denial of overtime pay under the Fair Labor Standards Act. The sergeants appealed from a judgment in favor of the city. The district court determined that the sergeants were considered “management” under the act and were, therefore, exempted from overtime. At issue before the second circuit was whether the Department of Labor’s interpretation of its regulations is plainly erroneous and whether it should be given deference.

Ruling: The court found that the DOL’s interpretation was consistent with the FLSA regulations and gave the interpretation deference. In applying the interpretation to the facts of the case, the second circuit concluded that the primary duty of sergeants is not “management” and therefore the plaintiffs do not qualify for the “bona fide executive” exemption under the FLSA’s overtime pay requirements. The second circuit reversed the order of the district court and remanded the case with instructions to enter judgment in favor of the plaintiffs.

Stephen P. Younger, Patterson Belknap Webb & Tyler LLP, for the plaintiffs-appellants; Karen M. Griffin, corporation counsel of the City of New York, for defendant-appellee