Daniel Smith v. Ochsner Health System

Summary

**Key Legal Topics:** FLSA overtime exemption; highly compensated employee (HCE) exemption; administrative exemption; procurement as exempt duty; waiver of arguments on appeal. **Holding:** The Fifth Circuit affirmed summary judgment for the employer, holding that an organ procurement coordinator earning over $120,000 was exempt from overtime under the HCE exemption because he customarily and regularly performed procurement duties directly related to the employer’s business operations, even without exercising significant discretion. The court also held that the employee waived his argument that his work was primarily manual by failing to raise it in district court.

Holdings

1. Smith was exempt as a highly compensated employee because he customarily and regularly performed procurement duties, which are directly related to management or general business operations, and he waived the argument that his work was primarily manual.

Questions Presented

1. Whether Smith customarily and regularly performed exempt duties under the highly compensated employee exemption.
2. Whether Smith primarily performed non-manual work.
3. Whether Smith's work was directly related to Ochsner's general business operations.
4. Whether Smith waived the argument that his work was primarily manual by failing to raise it in district court.

Disposition

affirmed