WDNY — Fair Labor Standards Act: Levine v. Unity Health System, et al.

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U.S. District Court, WDNY

Fair Labor Standards Act

Learned Professional — Primary Therapists

Levine v. Unity Health System, et al.
11-cv-6321L
Judge Larimer

Background: The plaintiffs brought an action under the Fair Labor Standards Act and New York Law alleging that they were misclassified as exempt “bona fide professionals” and failing to pay them for overtime hours at the requisite rate. The plaintiffs were employed by the defendants as primary therapists in the area of mental health counseling. The defendant moved for summary judgment on the grounds that the facts establish that the plaintiffs were correctly classified.

Ruling: The District Court granted the defendant’s motion for summary judgment. The undisputed facts established that the plaintiffs were “learned professionals.”  Specifically, the court found that the plaintiff’s ineligibility to diagnose or prescribe a treatment plan was not determinative of whether an employee was a learned professional. What was determinative was whether the employee’s primary duties required knowledge of an advance type in a field customarily acquired by a prolonged course of specialized intellectual instruction. The plaintiff’s duties consisted of making assessments of patients and identifying clinical problems which had educational requirements in social work, counseling and various therapeutic fields.

Robert L. Mullin of Ferr and Mullin for the plaintiffs; Daniel J. Moore and Kyle William Sturgess of Harris Beach PLLC for the defendants