Fourth Circuit: Gerard Morrison v. County of Fairfax, VA

Employment, Administrative


The "blue collar" provision of the exceptions to the exceptions to the FLSA overtime statute does not imply a "blue collar" requirement to subsequent categories, such as emergency responders.

Auer deference to agency determination that the test for the "emergency responder" is one of the employee's primary duty.

Fire captains primarily fight fires.  Exempt from exemption, and therefore covered.

Gerard Morrison v. County of Fairfax, VA