Knecht

ORDER

Introduction:

Plaintiffs are fourteen Fire Captains employed by the Fire Department of defendant Redwood City. Plaintiffs filed this action on October 10, 1986 seeking wages allegedly due them under the overtime provisions of the Fair Labor Standards Act (“the FLSA” or “the Act”), 29 U.S.C. § 201 et seq. Defendant in its answer raised the affirmative defense that plaintiffs are exempt from the overtime provisions of the FLSA.

The FLSA requires payment of overtime compensation for hours worked in excess of a prescribed work week. The provisions of the FLSA governing the payment of overtime have applied to defendant since April 15, 1986. The Act does, however, exempt certain categories of employees, including those working in an executive capacity as defined in regulations promulgated by the Secretary of Labor. 29 U.S.C. § 213 (a)(1).

Defendant contends that plaintiffs qualify as exempt executive employees. Under the applicable regulation, an employee earning not less than $250 per week holds executive status if the employee is paid on a salary basis, directs the work of two or more employees, and has as his or her primary duty the management of the enterprise or a…