Daily Labor Report®

Texas Sheriff’s Lieutenants Win Overtime Pay Appeal

March 26, 2020, 8:03 PM

An Austin-area sheriff’s office must pay overtime to a group of lieutenants who convinced a jury they weren’t exempt from the Fair Labor Standards Act, the Fifth Circuit ruled Thursday.

Sufficient evidence supports the jury’s finding that the lieutenants’ recommendations on hiring, firing, discipline, and promotions weren’t afforded “particular weight,” and that management wasn’t their primary duty, the U.S. Court of Appeals for the Fifth Circuit said, affirming the judgment from the Western District of Texas.

Bryce Miller and five other sheriff’s lieutenants sued Travis County, alleging they were misclassified as executive employees exempt from the FLSA and consequently didn’t...

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