DC Circuit Court Holds Employee Who Has "Some Discretion" Meets Administrative Exception to FLSA Overtime Requirement

DC Circuit Court, in Robinson-Smith v. GEICO, overturned a district court decision that an employee of GEICO, an auto damage adjuster, did not meet the administrative exception to the FLSA's overtime requirement. The district court had held that while the employee did perform her duties with "some discretion and independent judgment," the employee did not operate with sufficient discretion. The Circuit Court held that an employee who performs her duties with "some discretion and independent judgment" is sufficient discretion to meet the test for the administrative exception to apply. A copy of the decision can be read here.

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