Long v. Endocrine Society
263 F. Supp. 3d 275
D.D.C.2017Background
- Long worked as Publications Marketing Manager at Endocrine Society from July 2011 to January 2015; duties included marketing journals (the organization’s principal revenue stream), P&L work, budgets, and marketing plans.
- During 2014 supervisors documented declining performance: errors, missed follow-through, and repeated corrective meetings and emails; management and HR discussed possible termination.
- Long took multiple approved FMLA leaves in 2014 to care for ill parents; she was on leave when terminated in January 2015.
- While Long was on leave, an audit of her work email uncovered extensive use of Society resources and work time to operate two outside businesses; CEO decided to terminate based on long-term poor performance plus misuse of company time/resources.
- Long sued under the FMLA and D.C. FMLA (retaliation and interference) and under federal and D.C. wage laws (claiming improper exempt classification and unpaid overtime); the court granted summary judgment for the Endocrine Society on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA retaliation (but-for / motivating-factor) | Long says she was fired because she took FMLA leave; temporal proximity and alleged inconsistent reasons show pretext | Long was terminated for longstanding poor performance and for using work time/resources to run two businesses; termination decision made after audit while she was on leave | Court: No genuine dispute; evidence shows legitimate nondiscriminatory reasons; summary judgment for defendant |
| FMLA interference (right to reinstatement) | Termination while on leave interfered with right to reinstatement | Employer says it would have fired Long regardless due to performance and misuse of resources discovered during leave | Court: Even assuming employer bears burden, record shows it would have terminated her irrespective of leave; summary judgment for defendant |
| FLSA/ D.C. wage claims — exempt classification/overtime | Long contends she worked >40 hours on conference travel and should be non-exempt and paid overtime | Endocrine Society says Long was paid salary above threshold and performed administrative duties exercising discretion and independent judgment for matters of significance (EAP exemption) | Court: Long satisfied salary test and her duties (marketing P&L, budgets, strategy for major revenue stream) met administrative + discretion prongs; classified properly as exempt; summary judgment for defendant |
| Vacation payout under D.C. Wage Payment law | Long claims accrued vacation was unpaid at termination | Employer produced payroll records showing accrued annual leave paid in final paycheck | Court: Employer paid accrued vacation; claim denied |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination claims)
- University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (limits mixed-motive theory in retaliation context)
- Brady v. Office of Sergeant at Arms, 520 F.3d 490 (summary judgment burden after employer proffers nondiscriminatory reason)
- Gleklen v. Democratic Cong. Campaign Comm., 199 F.3d 1365 (evidentiary showing required to survive summary judgment)
- Robinson-Smith v. Gov’t Emps. Ins. Co., 590 F.3d 886 (D.C. Circuit on administrative/white-collar exemption analysis)