United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. Brown, UNITED STATES DISTRICT JUDGE
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.
Summary Judgment Standard
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).
Facts and Procedural History
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; 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.
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.
August 8, 2016, the District filed a motion for summary
judgment. Doc. #24.
responded to the motion for summary judgment on August 23,
2016. Doc. #26. The District replied on August 31, 2016. Doc.
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