Zuber

MEMORANDUM *

Ronald E. Zuber appeals from the district court’s decision denying his motion for partial summary judgment and granting APC Natchiq’s motion for partial summary judgment on the issue of whether Zuber is exempt from overtime wages under the Aaska Wage and Hour Act (AWHA) and the federal Fair Labor Standards Act (FLSA). Because Zuber’s job duties are undisputed, the sole issue is whether Zuber is exempt because he was “employed in a bona fide ... administrative ... capacity.” 29 U.S.C. § 213 (a)(1). An employer claiming that a given employee is exempt bears the “burden of showing that the exemption applies,” and FLSA exemptions are “narrowly construed against ... employers.” Bothell v. Phase Metrics, Inc., 299 F.3d 1120, 1124 (9th Cir.2002) (internal citations and quotation marks omitted).

Zuber was not an exempt employee under the FLSA because his work as a safety specialist primarily required the application of detailed procedures to specific situations. His job thus entailed “the use of skill in applying techniques, procedures, or specific standards” rather than “the exercise of discretion and independent judgment.” See id. at 1126, 1129 (internal citations and…