Childers

William L. Childers and all other similarly situated employees of the City of Eugene (“Appellants”) filed a civil complaint seeking overtime compensation and liquidated damages alleging that Appellee City of Eugene (“the City”) violated the overtime provisions of the Fair Labor Standards Act (“FLSA”). The district court found that Appellants were exempt employees not entitled to overtime pay and that the City was entitled to the window of corrections defense for its onetime suspension of an exempt employee in violation of the FLSA. We affirm.

I.

Under the FLSA, an employer may not suspend an exempt employee without pay for a period of less than one week based upon performance deficiencies. 1 An exempt employee is one who is “employed in a bona fide executive, administrative, or professional capacity. ...” 29 U.S.C. § 207 (a)(1). The administrative regulations promulgated pursuant to the FLSA establish both a duties test and a salary basis test for determining whether an employee is employed in a bona fide executive, administrative or professional capacity. See 29 C.F.R. § 541.118 ; 29 C.F.R. § 541.103 . Appellants have historically been treated as exempt employees under the FLSA…