Mathieu Levy v. Remy Cointreau USA, Inc.
Filing
Opinion issued by court as to Appellant Mathieu Levy. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.
Case: 14-15467
Date Filed: 05/26/2015
Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-15467
Non-Argument Calendar
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D.C. Docket No. 1:14-cv-20906-UU
MATHIEU LEVY,
Plaintiff - Appellant,
versus
REMY COINTREAU USA, INC.,
a foreign profit corporation,
Defendant - Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
________________________
(May 26, 2015)
Before MARCUS, WILSON, and WILLIAM PRYOR, Circuit Judges.
PER CURIAM:
Case: 14-15467
Date Filed: 05/26/2015
Page: 2 of 2
Mathieu Levy appeals the dismissal of his complaint against his former
employer, Remy Cointreau USA, Inc. (Remy). Levy filed suit in district court,
seeking unpaid overtime pay under the Fair Labor Standards Act (FLSA). His
complaint alleged that he worked in excess of 40 hours per week without receiving
the premium under the Act. In the proceedings below, both parties moved for
summary judgment, and the district court granted Remy’s motion, dismissing
Levy’s claim in its entirety.
After consideration of the parties’ briefs and upon thorough review of the
record, we find that the district court properly entered summary judgment. As the
district court correctly found, “because there is no genuine issue that Levy was a
highly compensated employee within the meaning of the regulations, his past
employment is exempt from the overtime provision of the FLSA under the
administrative employee exemption.” This exemption applies “regardless of
whether [Levy’s] primary duty involved the exercise of discretion and independent
judgment with respect to matters of significance.” Accordingly, the judgment of
the district court is
AFFIRMED.
2
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