MEMORANDUM in Support re MOTION for Partial Summary Judgment, 51 MOTION for Summary Judgment Cross Motion regading Exemption Issue And In Opposition to Defendants' Partial Motion For Summary Judgment On Exemption Issue
Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"
Holding that television station producers' jobs did not fit into administrative exemption because they produced the station's news-department product and were not involved in the administrative operations
Holding genuine issues of fact precluded summary judgment where the plaintiff's job duties were disputed and the plaintiff "testified that he had to call or otherwise communicate with [his supervisor] two to five times a day and that all but the smallest decisions were made by the supervisor"
Holding that Media Relations Sergeants did not meet exemption criteria when they “spent half their time on the ‘crime line,’ answering the phone, taking tips, and passing them on to the right department,” and also “screen[ed] calls to the Chief of Police, respond [ed] to impromptu questions by the press, determin[ed] what information should be released to the press regarding ongoing investigations, and develop[ed] an ongoing news broadcast called ‘Crime of the Week’ ”
29 C.F.R. § 541.200 Cited 900 times 92 Legal Analyses
Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers
29 C.F.R. § 541.700 Cited 781 times 60 Legal Analyses
Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"
29 C.F.R. § 541.2 Cited 519 times 26 Legal Analyses
Explaining that an employee employed in an "administrative * * * capacity" includes an employee "[w]ho customarily and regularly exercise discretion and independent judgment"
29 C.F.R. § 541.102 Cited 431 times 11 Legal Analyses
Listing selecting employees, apportioning work, recommending promotions, disciplining employees, and determining techniques or materials to be used as examples of managerial duties