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Hudkins v. Maxim Healthcare Serv., Inc.

United States District Court, M.D. Florida, Tampa Division
Jul 2, 1998
39 F. Supp. 2d 1349 (M.D. Fla. 1998)

Summary

holding the administrative exemption applied to an employee who recruited and placed nurses, but without analyzing discretion and independent judgment

Summary of this case from Perry v. Randstad Gen. Partner (Us) LLC

Opinion

No. 97-332-CIV-T-26C.

July 2, 1998.

Michael R. McCullough, Law Office of Michael R. McCullough Associates, Jacksonville, FL, Richard S. Shuster, Michael R. McCullough Associates, Jacksonville, FL, for Matthew L. Hudkins, plaintiff.

Patrick Daniel Coleman, Margaret Wray Means, Coffman, Coleman, Andrews Grogan, P.A., Jacksonville, FL, for Maxim Healthcare Services Inc., a foreign corporation defendant.


ORDER


On June 30, 1998, this Court, following a non-jury trial in this case, announced findings of fact and conclusions of law in accord with Federal Rule of Civil Procedure 52 in support of its entry of judgment on behalf of the Defendant. Although the Court continues to adhere to its oral findings and conclusions, the purpose of this order is to crystallize its reasons for entering judgment for the Defendant.

The evidence and testimony presented by the parties established the following. The general business operation of the Defendant was to provide nurses to clients who had a need for nursing services. The primary duty of a recruiter, the capacity in which the Plaintiff was employed by the Defendant, was directly related to the Defendant's general business operation in that it was a recruiter's responsibility to oversee the placement of nurses with the Defendant's clients. In order to fulfill this primary employment duty, a recruiter was required to work in an office setting performing nonmanual work and to exercise his or her discretion and independent judgment in undertaking the following tasks: (1) recruiting nurses capable of providing nursing services to the Defendant's clients; (2) placing nurses who would provide the best services to the Defendant's clients; (3) approving higher rates of pay for nurses when the occasion demanded it in order to ensure the placement of the most capable nurses with the Defendant's clients; (4) counseling and disciplining nurses who did not provide good services to the Defendant's clients; and (5) participating in the termination of nurses who did not provide good services to the Defendant's clients. In short, the evidence and testimony clearly and affirmatively established that Plaintiffs primary duty as a recruiter was to promote, service, and administer the Defendant's general business operation of placement of nurses in such a manner so as to ensure that the nurses the Plaintiff placed with the Defendant's clients were capable of producing good nursing services and that in furtherance of that objective the Plaintiff exercised discretion and independent judgment.

Given these findings, the Court once again reiterates that the Defendant has met its burden of establishing by a preponderance of the evidence that the Plaintiff clearly and affirmatively fell within the administrative exemption provided for in 29 U.S.C § 213(a)(1) as more fully explicated in 29 C.F.R. § 541.2 and 541-205. See Birdwell v. City of Gadsden, 970 F.2d 802, 805 (11th Cir. 1992); Dybach v. State of Florida Department of Corrections, 942 F.2d 1562, 1566 n. 5 (11th Cir. 1991). Accordingly, the Defendant was not required to pay the Plaintiff overtime wages pursuant to 29 U.S.C. § 207(a)(1).


Summaries of

Hudkins v. Maxim Healthcare Serv., Inc.

United States District Court, M.D. Florida, Tampa Division
Jul 2, 1998
39 F. Supp. 2d 1349 (M.D. Fla. 1998)

holding the administrative exemption applied to an employee who recruited and placed nurses, but without analyzing discretion and independent judgment

Summary of this case from Perry v. Randstad Gen. Partner (Us) LLC

holding that, at a business that recruited nurses for its clients, "Plaintiff's primary duty as a recruiter was to promote, service, and administer the Defendant's general business operation of placement of nurses in such a manner so as to ensure that the nurses the Plaintiff placed with the Defendant's clients were capable of producing good nursing services"

Summary of this case from Brown v. Serenity C&C, Inc.

holding that a recruiter of nurses for defendant's client hospitals fit within the administrative exemption

Summary of this case from Quintiliani v. Concentric Healthcare Solutions, LLC

holding that a recruiter of nurses for defendant's client hospitals fit within the administrative exemption

Summary of this case from Quintiliani v. Concentric Healthcare Solutions, LLC

holding that the primary duty of a recruiter at a company that placed nurses in hospitals "was directly related to the Defendant's general business operation"

Summary of this case from Andrade v. Aerotek, Inc.

holding that a recruiter of nurses for defendant's client hospitals was exempt

Summary of this case from Andrade v. Aerotek, Inc.

holding that the primary duty of a recruiter at company that placed nurses in hospitals "was directly related to the Defendant's general business operation"

Summary of this case from Andrade v. Aerotek, Inc.

finding recruiter of nurses to exercise discretion and independent judgment

Summary of this case from Perry v. Randstad Gen. Partner (Us) LLC

finding recruiters for a staffing company exempt when their duties included recruiting nurses, placing nurses, approving pay rates for nurses, counseling and disciplining nurses, and firing nurses

Summary of this case from OGDEN v. CDI CORPORATION

finding employees exempt when their duties included recruiting nurses, placing nurses, approving pay rates for nurses, counseling and disciplining nurses, and firing nurses

Summary of this case from Ogden v. CDI Corp.

finding recruiter of nurses for defendant's client hospitals fell within the administrative exemption

Summary of this case from Andrade v. Aerotek, Inc.

In Hudkins, 39 F.Supp.2d at 1350, even though the position at issue was “recruiter,” the court considered the similar primary duties of the Staffing Coordinator that is at issue here and held that these duties were “directly related to the Defendant's general business operation in that it was a recruiter's responsibility to oversee the placement of nurses with the Defendant's clients.” Id.

Summary of this case from Quintiliani v. Concentric Healthcare Solutions, LLC

In Hudkins, 39 F. Supp.2d at 1350, even though the position at issue was "recruiter," the court considered the similar primary duties of the Staffing Coordinator that is at issue here and held that these duties were "directly related to the Defendant's general business operation in that it was a recruiter's responsibility to oversee the placement of nurses with the Defendant's clients." Id.

Summary of this case from Quintiliani v. Concentric Healthcare Solutions, LLC
Case details for

Hudkins v. Maxim Healthcare Serv., Inc.

Case Details

Full title:Matthew L. HUDKINS, Plaintiff, v. MAXIM HEALTHCARE SERVICES, INC.…

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Jul 2, 1998

Citations

39 F. Supp. 2d 1349 (M.D. Fla. 1998)

Citing Cases

Quintiliani v. Concentric Healthcare Solutions, LLC

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Quintiliani v. Concentric Healthcare Solutions, LLC

Courts that have considered positions similar to the Staffing Coordinator at issue here have found that the…