Wilburn v. Topgolf International, Inc. et al
Filing
54
MEMORANDUM OPINION AND ORDER - Topgolf's Motion for Partial Summary Judgment, 39 , is GRANTED IN PART AND DENIED IN PART. The motion for partial summary judgment is be GRANTED only to the extent that Wilburn was exempt from overtime payment req uirements, pursuant to 29 U.S.C. § 207(i), for the first year of her maximum three-year recovery period: from April 2016 to March 2017. The motion for partial summary judgment is DENIED in all other respects. Furthermore, Topgolf's original motion for summary judgment, 36 , and purported statement of undisputed facts, 37 , are hereby STRICKEN for failure to comply with the Local Rules of the Eastern District of Virginia.. Signed by District Judge Liam O'Grady on 5/19/2020. (dvanm, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
Stephanie Wilburn,
Plaintiff
V.
Civil No. l:I9-cv-493
Hon. Liam O'Grady
Topgolf International,Inc., et al.
Defendants.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendants' Motion for Partial Summary Judgment,
Dkt. 39, and Plaintiffs Motion for Sanctions, Dkt. 42. The motions were fully briefed and the
Court dispensed with oral argument because it would not aid in the decisional process.
Defendants("Topgolf) moved for partial summary judgment on four grounds. First,
Topgolf claims the overtime sought by Plaintiff("Wilburn") is not recoverable because she was
exempt from overtime requirements by the Highly Compensated Employee exemption during the
entire period for which she seeks to recover. Second, Topgolf argues that Wilburn was exempt
from overtime requirements for the first year of her maximum recovery period, under the Retail
or Service Establishment exemption. Third, Topgolf argues it is entitled to summary judgment
on the issue of willfulness and that Wilbum's recovery period is therefore limited to two years.
Fourth and finally, Topgolf argues that Wilbum's workweek fluctuated in hours, she knew this
by the beginning of the recovery period, and consequently she cannot recover "straight time"
pay. Instead, Topgolf asserts that any overtime due to her should be calculated using the
fluctuating workweek method.
Wilburn, on the other hand, argues that evidence which would have defeated Topgolfs
fluctuating workweek defense was lost or destroyed due to Topgolfs failure to issue a litigation
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