Willamette Law Online

Oregon Court of Appeals


Dinicola v. State

Summarized by: 

Date Filed: 11-09-2011
Case #: A138659
Nakamoto, J. for the Court; Schuman, P.J.; & Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A138659.pdf

Employment Law: Employees may be exempt from overtime compensation under the Fair Labor Standards Act depending on the nature of their work, and the classification of their job.

Dinicola appealed the trial court's judgment denying him overtime pay. Dinicola worked for Oregon Department of Revenue (Revenue) as an auditor. Revenue gave him release time to work as a union president, while retaining his position. Dinicola received his reduced pay from Revenue, but was compensated for any loss of pay by the union, thus making him an employee of both Revenue and the union. Dinicola later filed for overtime pay with Revenue. The Court of Appeals held that certain employees are exempt from overtime under the Fair Labor Standards Act (FLSA), including administrative employees. Dinicola was an administrative employee, thus he was exempt from overtime pay. Moreover, his release agreement with Revenue specifically prohibited him from receiving overtime pay. Affirmed.