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W.D.Ky.: “Plant Engineering-Facilities Support Group-Business Professional” For UPS Is Administrative Exempt
Hubbuch v. United Parcel Service, Inc.
This case was before the Court on Defendant’s Motion for Summary Judgment, seeking a finding that Plaintiff, a “plant engineering-facilities support group-business professional” was administratively exempt from the FLSA, and therefore not entitled to overtime pay. In reaching its decision the Court discussed the factual background of Plaintiff’s job duties:
“It is undisputed that Hubbuch is a salaried employee. Hubbuch does not dispute that his primary duty is directly related to the management or general business operations of UPS or its customers and includes the exercise of discretion and independent judgment with respect to matters of significance. However, Hubbuch argues that he does not perform office or non-manual work. Hubbuch argues that his job is “comparable to that of a maintenance mechanic, troubleshooting alarm systems, performing hands on investigations, solve [sic] problems with mechanical, electrical, plumbing and sprinklers, overhead door, etc.” UPS argues that Hubbuch performs exempt work.
Upon review of the facts, the court finds that Hubbuch performs a variety of non-manual work. The Job Description for engineering specialist at UPS identifies a host of responsibilities and activities that are fairly characterized as non-manual. The General Summary provides an overview:
The Business Professional is responsible for solving day-to-day problems inherent in keeping the physical facility in good working order, so as to enhance the hub operations. Activities performed include but are not limited to responding to internal customer requests, responding to facility alarms and emergencies, troubleshooting problems that arise, and coordinating repair work with outside vendors.
Each of the responsibilities and activities listed above have non-manual components. Other of Hubbuch’s enumerated Job Responsibilities, including developing training resources for other team members, working with vendors, and performing facility audits are non-manual in nature, as well. See Id. In addition, Hubbuch’s very basis for a claim here is that he has not been paid for the performance of non-manual work-troubleshooting by phone-while on call. Hubbuch has submitted an affidavit stating that, “The work performed while “on call” was the same work that Affiant performed on site.”
Hubbuch is not simply a mechanic. Hubbuch may perform substantial manual labor as part of his job; nonetheless his primary duty is the performance of non-manual work directly related to the management or general business operations of UPS or its customers. Hubbuch meets the definition of an exempt administrative employee and thus is exempt from FLSA’s overtime requirements.”