Solis v. Washington
656 F.3d 1079
9th Cir.2011Background
- Secretary of Labor sued DSHS alleging failure to pay overtime to social workers under FLSA.
- District Court granted summary judgment for DSHS, finding social workers within the learned professional exemption.
- DSHS required Social Worker 2/3 to have a degree in social services, behavioral sciences, or allied field plus coursework or experience; a 'cheat sheet' guided qualification.
- DOL investigation in 2006 concluded SW2/SW3 did not qualify for the exemption; Secretary filed suit thereafter.
- Regulations define the learned professional exemption as requiring advanced knowledge acquired by a prolonged course of specialized instruction; district court relied on conflicting authorities.
- Court reverses and remands, holding DSHS did not prove the social worker positions meet the learned professional exemption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the social worker exemption apply? | Solitis argues workers require specialized instruction. | DSHS contends degree plus broad coursework suffices. | No; exemption not shown. |
| Does DSHS's 'cheat sheet' mandate a prolonged course of specialized instruction? | Court finds cheat sheet restricts to specialized coursework. | DSHS asserts broad degrees plus coursework meet requirement. | Not clearly specialized; not clearly meeting standard. |
| Is the district court's reliance on Chatfield appropriate? | Chatfield supported specialized degree relation. | Chatfield is distinguishable and not controlling here. | Not controlling; exemption not shown. |
| Who bears the burden of proving the exemption? | Secretary bears burden to show exemption applies. | DSHS bears burden to prove exemption applies. | DSHS failed to prove the exemption. |
Key Cases Cited
- Dybach v. State of Florida Department of Corrections, 942 F.2d 1562 (11th Cir.1991) (no learned professional exemption where degree generic and unrelated to duties)
- Owsley v. San Antonio Independent School District, 187 F.3d 521 (5th Cir.1999) (requires specific courses related to duties even with degree in related field)
- Vela v. City of Houston, 276 F.3d 659 (5th Cir.2001) (extensive didactic/training not enough if not specialized course of instruction)
- Reich v. Wyoming, 993 F.2d 739 (10th Cir.1993) (license/degree with closely related field supports exemption)
- Rutlin v. Prime Succession, Inc., 220 F.3d 737 (6th Cir.2000) (specific course of study can satisfy learned professional exemption)
- Fife v. Harmon, 171 F.3d 1173 (8th Cir.1999) (degree in related field or extensive experience may or may not satisfy exemption)
- Owsley v. San Antonio Independent School District, 187 F.3d 521 (5th Cir.1999) (distinguishes Dybach; requires direct coursework relation)
- Klem v. County of Santa Clara, 208 F.3d 1085 (9th Cir.2000) (exemption narrowly construed; burden on employer)
- Auer v. Robbins, 519 U.S. 452 (1997) (deference to agency interpretations of FLSA regulations)
- Bothell v. Phase Metrics, Inc., 299 F.3d 1120 (9th Cir.2002) (strictly requires employer to prove every element of exemption)