Arasimowicz v. All Panel Systems, LLC
948 F. Supp. 2d 211
D. Conn.2013Background
- Arasimowicz sued All Panel Systems, LLC and Massey’s Plate Glass & Aluminum, Inc. for unpaid overtime under FLSA and CMWA, with five counts; Counts 1,2,4,5 are the overtime/CMWA claims at issue.
- Plaintiff started at Massey’s 2010, moved to All Panel payroll in 2011, effectively working for All Panel while employed by Massey’s.
- LaFrancois and Delise decided Arasimowicz’s overtime exemption classification; 2010 discussions did not address exemption legality.
- Arasimowicz’s duties included CAD drafting and panel fabrication-related tasks; he did not handle taxes, insurance, or payroll.
- Emails in Aug 2011 show some overtime weeks; defendants dispute overtime and produced time entries; no overtime records kept by employer; end date Sept. 9, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arasimowicz fits the executive exemption under FLSA | Arasimowicz not an executive; primary duty not management | LaFrancois testified primary duty was management duties | No genuine issue; not exempt as bona fide executive |
| Whether Arasimowicz fits the administrative exemption under FLSA | Primary duty production/drafting not administrative | Duties included work related to management operations and discretion | No genuine issue; administrative exemption not met under FLSA; also applies to CMWA |
| Whether Arasimowicz fits the learned professional exemption under FLSA | Position does not require prolonged advanced education | Experience and skill may support exemption | No genuine issue; not exempt learned professional under FLSA; also not under CMWA |
| Whether Arasimowicz fits the computer professional exemption under FLSA | Exemption not limited to IT professionals | (Not contesting) Computer-related duties do not render non-exempt | Arasimowicz exempt under computer professional exemption; summary judgment for plaintiff on this exemption |
| Whether the combination exemption could apply | Primary duty could be combination of exempt tasks | No combination of exempt duties constitutes primary duty | No reasonable basis for combination exemption given the record |
Key Cases Cited
- Davis v. J.P. Morgan Chase & Co., 587 F.3d 529 (2d Cir.2009) (distinguishes production from administrative work for exemption purposes)
- Young v. Cooper Cameron Corp., 586 F.3d 201 (2d Cir.2009) (requires advanced knowledge for learned professional exemption; education/training focus)
- Reich v. S. New England Telecomms. Corp., 121 F.3d 58 (2d Cir.1997) (informing framework on administrative discretionary factors)