Submitted October 8, 2014.
Appeal from United States District Court for the District of Minnesota - Minneapolis.
For Greg Holaway, Plaintiff - Appellant: Jarvis C. Jones, Eric D. Satre, Jones & Satre, Bloomington, MN.
For Stratasys, Inc., Defendant - Appellee: Gregory L. Peters, Corie Jean Tarara, Seaton & Peters, Minneapolis, MN.
Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.
BYE, Circuit Judge.
Greg Holaway brought this Fair Labor Standards Act (" FLSA" ) case against his former employer Stratasys, Inc. (" Stratasys" ). The district court found Holaway
failed to put forth any evidence of unpaid overtime and granted summary judgment to Stratasys. Holaway now appeals. We affirm.
Holaway was employed as a Field Service Engineer (" FSE" ) for Stratasys from 2006 until 2012. At the time of Holaway's employment, Stratasys categorized FSEs as exempt from the provisions of the FLSA requiring certain employees be paid overtime wages for working more than forty hours a week. 29 U.S.C. § 207(a). As an FSE, Holaway installed and serviced three-dimensional printers manufactured and distributed by Stratasys. Holaway worked independently out of his home and was on duty during the work week waiting for assignments. When a client requested installation or servicing, a supervisor would inform Holaway and Holaway would thereafter travel to a client's location and install or service a printer. As a salaried employee, Holaway did not receive overtime if he worked over forty hours in any given week.
On February 8, 2012, Holaway sent an email to other FSEs complaining Stratasys was expecting the FSEs to work " 45/50/55/60" hour weeks without overtime. Appellant App. 3. Thereafter, Stratasys terminated Holaway for violating Stratasys's online protocol.
On April 24, 2012, Holaway commenced this lawsuit in the United States District Court for the District of Minnesota, alleging Stratasys was in violation of the FLSA. In an August 2012 deposition, Holaway testified there was variance in his day-to-day and week-to-week schedule. Appellant App. 134. Specifically, regarding work done before 8 a.m. on a weekly basis, Holaway testified he typically worked two to three hours doing preparation work, id. at 137, and he typically spent three to four hours traveling to locations, id. at 138. Regarding work performed after 5 p.m. on a weekly basis, Holaway testified he typically spent four to five hours driving to a client's site or hotel, id. at 141, three to four hours at a client's site, id., three to four hours writing expense reports, id. at 143, and one to two hours arranging travel time, id. at 145. Holaway also testified he typically worked two to three hours each weekend on administrative work. Id. Finally, Holaway testified he typically worked sixty-two to seventy hours a week. Id. In a March 2013 deposition, Holaway testified, basing his estimate on " what [he] did on a day-to-day basis on a weekly basis and fill[ing] in the hours," he worked an average of sixty to seventy hours a week for the duration of his employment. Id. at 10. In a July 2013 deposition, Holaway testified, based on " mainly just recollections of [his] daily activities," he typically worked sixty hours per week. Id. at 153.
Holaway seeks damages based on his approximation he worked 60 hours per week every week of his employment. Following discovery, Stratasys moved for summary judgment, which the district court granted after finding Holaway failed to put forth evidence sufficient to ...