Dive Brief:

• Travel plaza operator HMSHost properly classified a former district director of operations as an overtime-exempt employee under the Fair Labor Standards Act, the 6th U.S. Circuit Court of Appeals held Aug. 17 in Manteuffel v. HMS Host Tollroads, Inc.
• HMS Host classified the district director as both an executive and administrative employee, but the employee disputed that he met the FLSA’s definition of an executive. For example, he testified that he spent about 80% to 90% of his workday performing hourly, nonexempt work and that this meant management tasks were not his “primary duty,” as defined by the FLSA.
• A district court granted summary judgment to HMS Host and the 6th Circuit upheld that ruling, stating that its analysis showed that management was the employee’s primary duty. The court also held that the employee’s job met other criteria for an executive exemption, noting that he customarily and regularly directed and had the authority to hire or fire other employees.

Dive Insight:

Generally, employees may only be considered exempt from the FLSA’s overtime requirements if they perform specific job duties — i.e., meet a “duties test” — and are paid on a salary basis at a rate of no less than $684 per week.

For executive employees, part of the duties test requires that the employee’s primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof. An employee’s primary duty,...

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