Bachmeier v. Hoffman

1 P.3d 1236

Delores BACHMEIER, Appellant (Plaintiff), v. Timothy HOFFMAN, individually and in his official capacity as Sheriff of Platte County, Wyoming; and the Board of County Commissioners of the County of Platte, Appellees (Defendants).

Bernard Matthews, Appellant (Plaintiff), v. Timothy Hoffman, individually and in his official capacity as Sheriff of Platte County, Wyoming; and The Board of County Commissioners of the County of Platte, Appellees (Defendants).

Nos. 98-128, 98-129.

Supreme Court of Wyoming.

March 29, 2000.

Representing Appellants: Bruce S. Asay and Keith S. Burron of Associated Legal Group, LLC, Cheyenne, WY.

Representing Appellee Hoffman: Scott E. Ortiz of Williams, Porter, Day & Neville, PC, Casper, WY.

Representing Appellee Board of County Comm'rs: Roger E. Shumate of Murane & Bostwick, LLC, Casper, WY.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR,¹ JJ.

LEHMAN, Chief Justice.

In these consolidated cases, we consider whether detention officers are law enforcement personnel exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) under Section 7(k) of the Act, and review a summary judgment order finding that appellants, Platte County detention officers, had no reasonable expectation of being hired or promoted to the position of detention administrator. Because we find that detention officers can be exempted under Section 7(k) of the FLSA and have no reasonable expectation of being hired or promoted, we affirm the district court's Order on Summary Judgment.

ISSUES

Appellants present these issues for our review:

I. Was the decision of the District Court contrary to federal law in that the Fair Labor Standards Act provides for over-time compensation.

II. Does the policy of Platte County establish the terms and conditions of employment, including over-time compensation, for the Appellants.

III. As the Sheriff of Platte County had restricted his discretion, did the Appellants have a property interest in the promotion to Administrator.

IV. Did the Sheriff violate the Appellants' liberty interest in employment.

V. Is Matthews' claim of gender discrimination an issue of fact for the jury.

Appellee, the Board of County Commissioners of the County of Platte, rephrases the issues:

1. Should the appellants/plaintiffs' failure to properly designate the record to be relied on, which is a violation of Wyoming Rule of Appellate Procedure 3.05(b), result in affirmance of the trial court's decision?

2. Did the appellants/plaintiffs have a contract of employment with Platte County which governed overtime compensation or did the Fair Labor Standards Act govern the overtime compensation of the county's Detention Officers?

3. Did the appellants/plaintiff have a protected property interest in a promotion to the position of Detention Administrator and do the appellants have an equal protection claim against the county as the result of the promotion decisions made by Sheriff Timothy Hoffman?

4. Did the appellants/plaintiffs properly state a cause of action for deprivation of liberty interest and did they produce any evidence to support that cause of action?

5. Did appellant/plaintiff Bernard Matthews produce any material facts in support of his claim for gender discrimination under Title VII?

Appellee, Platte County Sheriff Timothy Hoffman, states the issues in this fashion:

1. Did the district court err in dismissing the Appellants' claim alleging deprivation of a protected property interest when another individual was hired to be the detention administrator?

2. Did the district court err in dismissing Appellants' claim that they were denied equal protection of the law?

3. Did the district court err in dismissing Appellants' claim alleging breach of contract?

4. Did the district court err in dismissing Appellants' claim that they were deprived of a liberty interest?

5. Did the district court err in dismissing Appellant Matthews' claim alleging gender based discrimination pursuant to Title VII?

6. Did the district court err in dismissing Appellants' claims alleging violation of the Fair Labor Standards Act regarding the payment of overtime compensation by Platte County?

FACTS

Appellants are employed as detention officers at the Platte County Detention Facility in Wheatland, Wyoming. During the course of their employment, the position of Detention Facility Administrator became vacant, and both appellants applied for the position. After a fairly detailed interview process, neither appellant was promoted to the open position. The Platte County Sheriff subsequently hired another individual to fill the position in September of 1996. The sheriff's office does not have any policies providing detention officers tenure, rank, or any other right to be promoted or hired within the department. The sheriff has sole discretion to hire or appoint detention officers and the detention administrator.

Both appellants were informed and had actual knowledge that they were working under a Section 7(k) exemption to the federal Fair Labor Standards Act (FLSA). They understood this to mean that they must work 171 hours in a 28-day work period before receiving overtime compensation. Appellants kept track of their own 28-day work period on their time cards and were charged with computing their overtime hours if they worked more than 171 hours per work period.

Appellants filed these lawsuits in February of 1997, alleging breach of contract, breach of the covenant of good faith and fair dealing, violations of the Fair Labor Standards Act, and violations of due process, equal protection and liberty interests under 42 U.S.C. § 1983. Additionally, appellant Matthews alleged sexual discrimination in violation of Title VII of the Civil Rights Act of 1964. On March 12, 1998, the district court granted summary judgment to the defendants on all claims. This appeal timely followed.

DISCUSSION

Standard of Review

Summary judgment is appropriate when no genuine issue as to any material fact exists and the prevailing party is entitled to have a judgment as a matter of law. Kahrs v. Board of Trustees for Platte County Sch, Dist. No. 1, 901 P.2d 404, 406 (Wyo.1995); see also W.R.C.P. 56(c). A genuine issue of material fact exists when a disputed fact, if it were proven, would have the effect of establishing or refuting an essential element of the cause of action or defense which has been asserted by the parties. Adkins v. Lawson, 892 P.2d 128, 130 (Wyo.1995). We examine the record from the vantage point most favorable to the party who opposed the motion, and we give that party the benefit of all favorable inferences which may fairly be drawn from the record. Jack v. Enterprise Rent-A-Car Co. of Los Angeles, 899 P.2d 891, 893 (Wyo.1995). We evaluate the propriety of a summary judgment by employing the same standards and by using the same materials as were employed and used by the lower court. Adkins, 892 P.2d at 130. We do not accord any deference to the district court's decisions on issues of law. Kahrs, 901 P.2d at 406.

The party moving for summary judgment bears the initial burden of establishing a prima facie case for a summary judgment. If the movant carries this burden, the party opposing the summary judgment must come forward with specific facts to demonstrate that a genuine issue of material fact does exist. Thunder Hawk By and Through Jensen v. Union Pacific R. Co., 844 P.2d 1045, 1047 (Wyo.1992). General allegations and conclusory statements are not sufficient. Board of County Comm'rs of County of Laramie v. Laramie County Sch. Dist. Number One, 884 P.2d 946, 956 (Wyo.1994).

I. Overtime Compensation under the Fair Labor Standards Act

Appellants contend they are entitled to overtime compensation under the federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq. Specifically, they contend they are entitled to comp time for hours accrued between 160 hours and 171 hours per 28-day work period.² We disagree.

Although states and arms of the state may be immune from suit under the FLSA, states can waive their sovereign immunity. Alden v. Maine, 527 U.S. 706, ___, 119 S.Ct. 2240, 2258, 144 L.Ed.2d 636 (1999). Wyoming has enacted a limited waiver of immunity for governmental entities manifested in the Wyoming Governmental Claims Act. Wyo. Stat. Ann. § 1-39-104 (Lexis 1999); Veile v. Board of County Comm'rs of Washakie County, 860 P.2d 1174, 1177 (Wyo. 1993).

The FLSA states that an employee who works more than forty hours per week must receive overtime pay at the rate of one and one-half times the employee's normal compensation. 29 U.S.C. § 207(a). Law enforcement employees' overtime compensation, however, is based on a longer work week, the length of which is determined by the Secretary of Labor. Id. § 207(k). FLSA grants authority to the Secretary of Labor to determine the scope of this exemption for all local and state employees. Id. § 213(a)(1); id. § 204(f). Department of Labor regulations are the primary source of guidance for determining the scope and extent of exemptions to the FLSA, and are entitled to judicial deference. Spradling v. City of Tulsa, 95 F.3d 1492, 1495 (10th Cir. 1996).

The Department of Labor has promulgated what is known as the Section 7(k) exemption regulation, which provides:

(a) Section 7(k) of the Act provides a partial overtime pay exemption for fire protection and law enforcement personnel (including security personnel in correctional institutions) who are employed by public agencies on a work period basis. This section of the Act formerly permitted public agencies to pay overtime compensation to such employees in work periods of 28 consecutive days only after 216 hours of work. As further set forth in § 553.230 of this part, the 216-hour standard has been replaced, pursuant to the study mandated by the statute, by 212 hours for fire protection employees and 171 hours for law enforcement employees. In the case of such employees who have a work period

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