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McWright v. Greenville Public School District

United States District Court, N.D. Mississippi, Greenville Division

December 28, 2016

LESHAUN MCWRIGHT PLAINTIFF
v.
GREENVILLE PUBLIC SCHOOL DISTRICT DEFENDANT

          MEMORANDUM OPINION AND ORDER

          Debra M. Brown, UNITED STATES DISTRICT JUDGE

         This Fair Labor Standards Act action brought by LeShaun McWright is before the Court on the motion for summary judgment of the Greenville Public School District. Doc. #24. Because the District has failed to show that McWright's position as a school resource officer was subject to the Act's administrative exemption, and has also failed to establish a factual basis for the application of the Act's good faith defense, the motion for summary judgment will be denied.

         I

          Summary Judgment Standard

         Under Rule 56 of the Federal Rules of Civil Procedure, “[s]ummary judgment is appropriate when there are no genuine issues as to any material facts, and the moving party is entitled to judgment as a matter of law.” Norwegian Bulk Transp. A/S v. Int'l Marine Terminals P'ship, 520 F.3d 409, 411 (5th Cir. 2008) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986)). To award summary judgment, “[a] court must be satisfied that no reasonable trier of fact could find for the nonmoving party or, in other words, that the evidence favoring the nonmoving party is insufficient to enable a reasonable jury to return a verdict in her favor.” Id. at 411-12 (internal quotation marks and citation omitted). To this end, “[t]he moving party bears the burden of establishing that there are no genuine issues of material fact.” Id. at 412. When considering a motion for summary judgment, the Court “resolve[s] factual controversies in favor of the nonmoving party.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994).

         II

          Facts and Procedural History

          In September or October of 2011, the Board of Trustees of the Greenville Public School District approved the hire of LeShaun McWright as a School Resource Officer (“SRO”) at one of its regular meetings. See Doc. #29-2;[1] see also Doc. #5 at ¶ 6. At the same meeting, the Board approved a job description for the SRO position. Doc. #29-2; Doc. #29-3. McWright remained employed with the District until April 2015. Doc. #1 at ¶ 4; Doc. #5 at 3.

         On August 18, 2015, McWright filed a complaint in this Court seeking unpaid overtime for “2012-2015” under the Fair Labor Standards Act (“FLSA”). Doc. #1 at 2. The District, after seeking and receiving an extension of time to answer, answered the complaint on October 15, 2015. Doc. #5.

         On August 8, 2016, the District filed a motion for summary judgment. Doc. #24.

         McWright responded to the motion for summary judgment on August 23, 2016. Doc. #26. The District replied on August 31, 2016. Doc. #27.

         III

         Analysis

         “The FLSA requires an employer to pay overtime compensation to any employee working more than forty hours in a workweek.” Olibas v. Barclay, 838 F.3d 442, 448 (5th Cir. 2016) (internal quotation marks omitted). “Although there are exemptions to the FLSA, these exemptions are construed narrowly against the employer, and the employer bears the burden to establish a claimed exemption.” Id. (internal quotation marks omitted). “The employer must prove facts by a preponderance of the evidence that show the ...


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