- Court: Oregon Court of Appeals
- Area(s) of Law: Employment Law
- Date Filed: 11-09-2011
- Case #: A138659
- Judge(s)/Court Below: Nakamoto, J. for the Court; Schuman, P.J.; & Wollheim, J.
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.