Wednesday, July 23, 2003

Summary judgment for employer based on "bona fide executive" exemption upheld in overtime case

In Jones v. Virginia Oil Co., Inc., the Fourth Circuit in a per curiam decision for the panel of Judges Michael and Motz and Senior Judge Beezer from the Ninth Circuit affirmed the decision by Judge Moon of the W.D. Va. to grant summary judgment for the employer in an overtime case, concluding that the facts showed that the plaintiff's employment was within the "bona fide executive" exemption under the "short test," where the plaintiff was an assistant manager at a combination Dairy Queen and convenience store.

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