Employment – FLSA

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United States Court of Appeals For the Seventh Circuit

Civil

Employment – FLSA — overtime

An employee whose main duty is to promote the sales of special markets retirement plans is a bona fide administrative employee exempt from the FLSA’s overtime requirement.

“Blanchar’s duties—promoting sales, advising sales staff, and fielding questions—required the exercise of discretion and independent judgment. He scripted talking points for consultants to further the sales of 403(b) and 457 plans. He used his knowledge and experience to develop presentation materials and to answer questions from pension consultants. When presenting or speaking at conferences, Blanchar used materials he himself had prepared, which were later approved by The Standard’s legal and marketing departments. He worked largely alone and met with his supervisor only once a year. Blanchar’s supervisor, Baumgarten, often looked to Blanchar for recommendations about products that would be suitable for sale in the 403(b) marketplace, and stated that The Standard often followed Blanchar’s recommendations. Though Blanchar lacked final decision-making authority, his work involved a great deal of discretion and independent judgment. Therefore, we find that Blanchar qualifies as an exempt administrative employee under this prong as well.”

Affirmed.

12-2745 Blanchar v. Standard Ins. Co.

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Bauer, J.