Database Search Result Details
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First Name
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Shannon
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Last Name
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Hockensmith, et al.
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Decision Date
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11/24/2020
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Docket Number
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2020-0661-CONS
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ALJ
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WBM
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Respondent
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Tax Department
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Employment Type
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STATE
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Job Title
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Tax & Revenue Auditor
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Topics
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Travel Pay
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Primary Issues
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Whether Grievants proved they were subjected to discrimination.
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Outcome
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Denied
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Statutes
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29 U.S.C. § 201; W. Va. Code § 6C 2 2 (d)
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Related Cases
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Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007)
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Keywords
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Fair Labor Standards Act; Travel Time; Classification; Professional Employees; Discrimination
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievants allege that any work-related travel they incurred during a specific three-month period identified herein, should have been counted as additional work time entitling them to additional pay or compensatory leave. They argue that Respondent inaccurately designated them as “professional employees” exempt from the overtime and wage provisions of the federal Fair Labor Standards Act. 29 U.S.C. § 201, et seq. and therefore denied them travel time benefits set out in the FSLA. Grievants also argue that Respondents improperly discriminated against them by treating them differently regarding to travel time.
Grievants positions clearly met the “professional employees” for exemption from coverage under the FLSA. Consequently, the various provisions under that Act which Grievants allege Respondent was violating have no bearing since those provisions were no applicable to Grievants’ positions. Grievant’s did not prove that they were similarly situated to Revenue Agents or that the different treatment of office-based auditors and field-based auditors vis-à-vis travel were not based on actual differences in their job responsibilities.
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