Rex L. Bothell v. Phase Metrics, Inc.

Rex Bothell seeks overtime compensation for hours worked in excess of forty per week and other damages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and California state law. Appellee Phase Metrics, Inc., argues that Bothell is an exempt “administrative” employee under both federal and state law and is therefore not entitled to overtime payments.

Just before trial, the district court ordered the parties to submit additional briefing in support of their respective positions. After reviewing the submissions, the Court found that Bothell’s “primary duty consisted of the performance of non-manual work, directly related to the management policies or general business operations of his employer and his employer’s customers” and which “required the exercise of discretion and independent judgment.” The district court concluded that (a) Bothell was an administrative employee who was not entitled to overtime wages or liquidated damages, (b) similarities between federal and state law precluded a finding that Phase Metrics’ failure to pay wages was “willful” under state law, and (c) Bothell’s state law claim for overtime wages was governed by the analysis set…