Watkins v. City of Montgomery

• Decision Date: 29 January 2013
• Docket Number: Case No. 2:11–CV–158–MEF.
• Citation: Watkins v. City of Montgomery, 919 F.Supp.2d 1254 (M.D. Ala. 2013)
• Parties: Roosevelt WATKINS, et al., Plaintiffs, v. CITY OF MONTGOMERY, Defendant.
• Court: U.S. District Court — Middle District of Alabama

919 F.Supp.2d 1254

Roosevelt WATKINS, et al., Plaintiffs,

v.CITY OF MONTGOMERY, Defendant.

Case No. 2:11–CV–158–MEF.

United States District Court,

M.D. Alabama,

Northern Division.

Jan. 29, 2013.

James Callen Sparrow, Walter Lee Gresham, III, Heninger Garrison Davis, LLC, Birmingham, AL, William Richard Davis, Montgomery, AL, for Plaintiff.

Wallace Damon Mills, Wallace D. Mills, P.C., Montgomery, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, District Judge.

Roosevelt Watkins(“Watkins”), a Lieutenant in the Division of Fire Suppression(“Suppression Division”) of the Montgomery Fire Department(“MFD”), brings this collective action pursuant to the Fair Labor Standards Act,29 U.S.C. § 207(a)(hereinafter “FLSA” or the “Act”), against his employer, the City of Montgomery(the “City”), seeking overtime compensation to which he claims he is entitled.Specifically, Watkins contends that he is entitled to overtime compensation as a non-exempt “first responder,” pursuant to the Department of Labor's (“DOL”)“first responder” regulation, 29 C.F.R. § 541.3(b).This cause is now before the Court on the Motion for Summary Judgment(Doc. # 65) filed by the City on October 25, 2012.For the reasons set forth in this Memorandum Opinion and Order, the motion is due to be DENIED.

I.Procedural Background

On March 7, 2011, Watkins filed suit against the City of Montgomery, alleging that, at all times relevant to this action, the City employed him as a Fire Suppression Lieutenant with the MFD Suppression Division.He further alleges that the City failed to pay him mandatory overtime compensation for each hour he worked in excess of 106 hours in a fourteen-day pay period, as required by the FLSA.See29 U.S.C. § 207(k).The City asserts affirmative defenses under the executive and administrative exemptions to the FLSA's overtime requirements.See29 U.S.C. § 213(a)(1).

On July 14, 2011, Watkins moved to have this matter conditionally certified as a collective action pursuant to 29 U.S.C. § 216(b).(Doc. # 47.)Over the City's objection, the Court conditionally certified this matter as a collective action ( see Order, Doc. # 51),¹ and several other MFD Fire Suppression Lieutenants have since joined this lawsuit.²

In its Motion for Summary Judgment, the City argues that it is entitled to judgment as a matter of law because Plaintiffs fall within the executive and administrative exemptions to the FLSA overtime pay requirements.Having carefully considered the submissions in support of and in opposition to the City's motion, as well as the applicable law and the record as a whole, the Court disagrees, and the motion is due to be DENIED.

II.Jurisdiction and Venue

Jurisdiction over the claims in this action is proper under 28 U.S.C. § 1331(federal question) and 29 U.S.C. § 216(b), the collective action provision of the FLSA.The parties do not contest personal jurisdiction or venue, and the Court finds adequate allegations in support of both.

III.Summary Judgment Standard

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine [dispute] as to any material fact and that the moving party is entitled to a judgment as a matter of law.”Celotex Corp. v. Catrett,477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265(1986).The party asking for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.”Id. at 323, 106 S.Ct. 2548.The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof.Id. at 322–23, 106 S.Ct. 2548.

Entitlement to an overtime exemption under the FLSA is an affirmative defense upon which a defendant bears the burden of proof.Morgan v. Family Dollar Stores, Inc.,551 F.3d 1233, 1269(11th Cir.2008).A defendant may prevail on a motion for summary on an affirmative defense, such as an entitlement to an exemptionunder the FLSA, when it has produced “credible evidence ... that would entitle it to a directed verdict if not controverted at trial.”SeeCelotex,477 U.S. at 331, 106 S.Ct. 2548.The Supreme Court has established that an exemption from coverage under the FLSA must be narrowly construed.Phillips, Inc. v. Walling,324 U.S. 490, 493, 65 S.Ct. 807, 89 L.Ed. 1095(1945);see alsoMorgan,551 F.3d at 1269.The overtime exemptions under the FLSA are to be applied only to those employees who are “plainly and unmistakably” within the terms and spirit of the Act.Phillips,324 U.S. at 493, 65 S.Ct. 807.

Once the moving party has met its burden, Rule 56(e)“requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.”Id. at 324, 106 S.Ct. 2548(internal quotations omitted).To avoid summary judgment, the non-moving party“must do more than simply show that there is some metaphysical doubt as to the material facts.”Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538(1986).On the other hand, a court ruling on a motion for summary judgment must believe the evidence of the non-movant and must draw all justifiable inferences from the evidence in the non-moving party's favor.Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202(1986).After the non-moving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.SeeFed.R.Civ.P. 56(c).

IV.Facts

The Court has carefully considered all the evidence submitted in support of and in opposition to the motion.The submissions of the parties, viewed in the light most favorable to the Plaintiffs, establish the following relevant facts:

The Montgomery Fire Department is headed by the Fire Chief, who is the highest ranking officer.The Deputy Fire Chief (“Deputy Chief”) reports directly to the Fire Chief and is responsible for managing the day-to-day operations of the MFD by writing policies and procedures, operating guidelines, and rules and regulations; assisting in making personnel and apparatus assignments; and purchasing apparatus.The Deputy Chief also supervises the six Assistant Fire Chiefs, each of whom is responsible for one of the MFD's six operating divisions: Administrative Division, Training Division, Emergency Medical Services Division, Special Operations Division, Inspections and Investigations Division, and the Fire Suppression Division.K. Bolling(“Chief Bolling”) has served as the Assistant Fire Chief over the Fire Suppression Division since November 2008.³

Watkins is employed as a Fire Suppression Lieutenant in the MFD's Fire Suppression Division.The Suppression Division handles the day-to-day fire-fighting operations of the MFD.The Suppression Division is made up of twenty-two fire companies, each of which is assigned one captain and two lieutenants.⁴The twenty-two companies are housed in fifteen stations located throughout the City of Montgomery.The City is further divided into four districts, each of which is managed by three District Chiefs.⁵

Each fire company operates on a repeating cycle of three twenty-four-hour shifts at each fire station—“A” shift, “B” shift, and “C” shift.(Def.'s Ex. I, Aff. of J.L. Petrey, at ¶ 5, Doc. # 66–9.)Each shift is assigned to operate one of three apparatuses—a fire engine (also called a pumper truck), a ladder truck, or a heavy rescue truck.(Def.'sEx. I, at ¶ 5.)Each company assigned to a particular apparatus includes one captain and two lieutenants, each of whom supervises a different shift of their company.(Def.'sEx. I, at ¶ 5.)Fire Suppression Lieutenants have command of their fire companies during their assigned shifts.(Def.'sEx. I, at ¶ 5.)There are also four District Chiefs on duty during each twenty-four hour shift, and they usually visit each station under their command during their shifts.(Def.'sEx. I, at ¶ 6.)

It is undisputed that when Fire Suppression Lieutenants are on duty, they are the highest ranking officers in charge of their assigned company, and it is their duty to supervise the other firefighters in their company while at the fire station and when responding to emergency calls.(Def.'sEx. I, at ¶ 6.)The job description of a Fire Suppression Lieutenant characterizes their work as “skilled firefighting work and supervisory work directing activities of a fire company during an assigned shift or special division work.”(Def.'s Ex. A, at 1, Doc. # 66–1.)Fire Suppression Lieutenants are not required to perform manual-labor tasks, such as cutting grass at the fire stations and cleaning the station floors, but are required to participate in all physical training activities with their companies and to maintain good physical condition.(Def.'sEx. I, at ¶¶ 6–7.)Fire Suppression Lieutenants have the duty of recommending whether employees in their companies receive merit raises and promotions and are required to perform evaluations on employees throughout the year.(Def.'sEx. I, at ¶ 8.)

While on duty, Fire Suppression Lieutenants are responsible for responding to every emergency call to which their station is dispatched.( See Pls.'Exs. F–M, Affs. of Fire Suppression Lieutenants, Docs.# # 68–6–68–14.)When...