Jesse Sutton v. Engineered Systems, Inc., a Corporation

STEPHENSON, Circuit Judge.

The sole issue to be considered by this court is whether the trial court 1 correctly applied, to appellant’s job situation, the high-salaried executive exemption from overtime pay as defined in 29 C.F.R. §§ 541.1 & .119.

We hold that the trial court was correct in its application of the regulations and in finding that appellant’s “primary duty consists of the management of * * * a customarily recognized department or subdivision thereof * * *.” 29 C.F.R. § 541.119. We thus affirm the district court’s denial of overtime pay to appellant.

Defendant-appellee Engineered…