Fraser v. Patrick O'Connor & Assoc., No. 18-20687 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's judgment in favor of plaintiffs, property tax consultant employees, holding that plaintiffs were not exempt employees under the Fair Labor Standards Act (FLSA) because the firm pointed to no job responsibility carried out by a property tax consultant that related in any way to the management or general business operations of the company or its customers. The court also held that the fluctuating-workweek method did not apply in this case, because the preponderance of the evidence supports the conclusion that there was no mutual agreement between plaintiffs and the firm that plaintiffs would be paid a fixed weekly salary regardless of the number of hours worked.
The court issued a subsequent related opinion or order on April 7, 2020.