Sack v. Miami Helicopter Service, Inc.
| Decision Date | 14 November 1997 |
| Docket Number | No. 96-2892-CIV.,96-2892-CIV. |
| Citation | 986 F.Supp. 1456 |
| Parties | Peter A. SACK, Plaintiff, v. MIAMI HELICOPTER SERVICE, INC., a Florida corporation, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
Robert E. Weisberg, Coral Gables, FL, for Plaintiff.
Neil Flaxman, Coral Gables, FL, for Defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
THIS CAUSE was tried before the undersigned without a jury on March 11, 1997. Having reviewed the various documents and other items submitted as evidence, having heard and considered the testimony of the witnesses and the arguments of the parties at trial, and, further, having reviewed the pertinent exhibits and post-trial submissions, the Court now makes the following findings of fact and conclusions of law pursuant to Rule 52(a), Federal Rules of Civil Procedure.
This action was filed by Peter A. Sack (hereinafter "Sack") against his former employer Miami Helicopter Service, Inc. (hereinafter "Miami Helicopter"), on October 16, 1996, alleging that Miami Helicopter violated the Fair Labor Standards Act (hereinafter "FLSA"), as amended, 29 U.S.C. § 201 et seq. Plaintiff specifically charges that Miami Helicopter violated FLSA overtime provisions by failing to pay him overtime compensation in the amount of one and one-half times his hourly rate for hours worked in excess of forty (40) hours each week. In addition to his claim for overtime pay in the amount of $10,543, Plaintiff asserts a claim for damages and attorney's fees. Defendant, in its Answer, claims that at all relevant times the Plaintiff was a bona fide executive and/or administrative employee, and therefore was exempt from the overtime provisions of FLSA.
1. Miami Helicopter is a corporation of the State of Florida engaged in interstate commerce, which handles, sells, or works on goods that have been moved in or produced for such commerce. Joint Pretrial Stipulation (hereinafter "Stipulation"), § VI, ¶ 4.
2. At all times material hereto, Miami Helicopter had annual gross sales in excess of five hundred thousand dollars ($500,000). Stipulation, § VI, ¶ 6.
3. During the time that Sack was employed at Miami Helicopter, the company employed between 10 and 13 employees. Trial Testimony (Di Gregorio).
4. Sack was employed by Miami Helicopter from October 1994 through August 14, 1996. Stipulation, § VI, ¶ 2,3.
5. The parties stipulated prior to trial that Sack's regular hourly rate of compensation throughout his employment with Defendant was $18.75 per hour. Stipulation, § VI, ¶ 9. At trial, the testimony revealed that Sack received one thousand one hundred and forty dollars ($1140) in net income every two weeks during his employment. Stipulated at Trial.1
6. With the exception of a brief period at the beginning of Sack's employment, Sack was considered to be a salaried employee. Trial Testimony (DiGregorio). Sack and Di Gregorio (President of Miami Helicopter) were the only salaried employees at Miami Helicopter. Id.
7. Throughout his employment with Defendant, Plaintiff punched in and out on a time clock, which recorded the number of hours he worked. Stipulation, § VI, ¶ 13. Sack's time cards were reviewed and approved by his "supervisee," Ramiro Campo. Trial Testimony (Sack, Campo).
8. Sack was paid overtime only for a three week period at the beginning of his employment. Trial Testimony (Sack). Sack worked a total of at least 374.8 hours in excess of forty (40) hours per week for which he was not paid overtime. Stipulation, § VI, ¶ 8.
9. One and one-half times Sack's regular hourly rate of compensation is $28.13 per hour. Stipulation, § VI, ¶ 10. If Plaintiff is a non-exempt employee under the Fair Labor Standards Act, he is entitled to at least $10,543.12 (374.8 hours × $28.13 per hour =$10,543.12)2 of unpaid overtime. Stipulation, § VI, ¶ 12.
10. Di Gregorio, the President of Miami Helicopter, was aware of certain policies and procedures required by the Fair Labor Standards Act, such as minimum salary and the maximum amount of hours an employee can work before overtime pay is required. Di Gregorio did not directly delegate responsibility for determinations of the application of the Fair Labor Standards Act to any other employees. Trial Testimony (Di Gregorio).
11. Ana Escauriza, controller and chief accountant for Miami Helicopter, was familiar with the Fair Labor Standards Act. Trial Testimony (Escauriza).
12. Di Gregorio was not aware of any policies or procedures which were in place at Miami Helicopter to insure that those employees who were entitled to overtime were paid overtime, and he consulted with no outside source to determine whether Sack was entitled to be paid overtime. Trial Testimony (Di Gregorio). The only "procedure" in place at Miami Helicopter to determine overtime eligibility was that which called for the controller to pay overtime at a rate of one and one half the regular hourly rate to all employees except the president of Miami Helicopter or the head of a department. Ana Escauriza did not consult any law or regulations in making her determinations regarding overtime eligibility. Trial Testimony (Escauriza).
13. Ana Escauriza stopped paying Sack overtime when his status changed from a temporary employee to a permanent employee. Trial Testimony (Escauriza). Both Escauriza and Di Gregorio joined in the decision to discontinue paying Sack overtime. Di Gregorio based his decision to discontinue paying Sack overtime on the fact that the previous Director of Maintenance was not paid overtime, and because Sack had duties and responsibilities which would require him to stay longer on some days, whereas on other days he would have time for himself.3 Di Gregorio didn't believe he was breaking any rules by not paying Sack overtime because the previous Director of Maintenance, with a tenure of ten years, had not been paid overtime. Trial Testimony (Di Gregorio). Sack testified as to his belief that the decision to discontinue the payment of overtime to him was due, in part, to the fact that Miami Helicopter couldn't afford to pay for the overtime. Trial Testimony (Sack).
Relative to Sack's job duties, the Court enters the following findings of fact.
14. According to Sack, he spent 20% of his time doing "hands on" mechanical work. Art Grassia, a mechanic who was employed part time for a specific project at Miami Helicopter, testified that Sack assisted him doing mechanical work for 6-7 hours during an average 20 hour period (equivalent to 30-35% of hours worked by Grassia). Randy Riddle, another mechanic who was employed part time on a specific project at Miami Helicopter, testified that Sack assisted him doing mechanical work for approximately 1 hour out of each of his 4 hour shifts (equivalent to 25% of Riddle's work hours). Oscar Salinas, a mechanic's helper in the Maintenance Department at Miami Helicopter, testified that Sack only did mechanical work 1/2 to 1 hour per day (equivalent to no more than 12.5% of a regular workweek). Ramiro Campo, a mechanic from the Maintenance Department at Miami Helicopter, stated that Sack did mechanical work a maximum of 2 hours per week (equivalent to 5% of a regular workweek); however, Campo admitted that Sack had done the complete repair work on a particular Robinson helicopter, and that Campo may not have been in a position to observe Sack at certain times when Sack was performing hands on mechanical work. DiGregorio testified that if Sack performed mechanical work for 10% of his time it would be an exaggeration. Taking the average of these varying estimates, and noting the testimony of the part time workers—who admittedly observed only a portion of Sack's workweek—in contrast to those current employees (and the potential interests of each party's witnesses) the Court infers that Sack performed hands on mechanical work for approximately 15% of his regular workweek. Trial Testimony (Sack, Grassia, Riddle, Salinas, Campo, Di Gregorio).
15. According to his testimony, Sack spent more than 50% of his time doing inspection work, which generally began with the opening of a work order. Opening a work order entails obtaining a work order number from a log and consulting with the customer to determine what work they wanted performed on the aircraft. After opening the work order, Sack planned the repair work for the job, ordered the required parts and materials, forwarded the work order to the mechanics, and directed the mechanic's work. At the completion of the work, Sack inspected each project. This inspection required that Sack perform visual examinations and take actual measurements using precision measuring devices according to manufacturer's specifications and Federal Aviation Administration (hereinafter "FAA") requirements. Sack obtained the specifications and requirements by consulting various manuals. He also confirmed that the pertinent paperwork (e.g. documentation of maintenance) complied with FAA requirements. In the event that an aircraft component or part was not in compliance, Sack was responsible for directing work to correct the problem. Trial Testimony (Sack).
16. Sack was responsible for responding to employment inquiries for mechanic's positions received by Miami Helicopter, a function which occupied very little of his time. Generally, Sack sent out form letters explaining that Miami Helicopter was not hiring; but if he believed that a particular resume he received was interesting he would forward it to Di Gregorio for his consideration. On two occasions Sack interviewed and hired a part time temporary mechanic for a specific job after receiving authorization from Di Gregorio; no other mechanics were hired during Sack's tenure. Trial Testimony (Sack).
17. Sack had the authority to subcontract certain mechanical work, including paint and engine...
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