Summary Judgment
Roosevelt County recently won a summary judgment in federal court on an employment case. New Mexico Counties defended Roosevelt County in a lawsuit filed by plaintiff, Mr. Parrish, in which he alleged that the county violated the Fair Labor Standards Act (FLSA) when they did not pay him overtime for hours worked over 40 hours/week and when he was “on-call.” Mr. Parrish worked as a corrections officer with the Roosevelt County Detention Center and was promoted to Lieutenant during his last two years of employment. Federal Court Judge Browning granted Roosevelt County’s Motion for Summary Judgment finding that Mr. Parrish was an exempt salaried supervisor and that he was not eligible for over-time pay under the FLSA.
“We were pleased with both the federal and most recent state court summary judgement rulings in favor of the County,” said Roosevelt County Manager Amber Hamilton. “These types of frivolous claims divert taxpayer dollars from vital projects such as roads and infrastructure, so we are happy with a more prompt resolution.”
NMC Legal Bureau Counsel Mark Drebbing also obtained summary judgment on the breach of contract claim filed by Mr. Parrish in state court.
The New Mexico Counties is a non-profit, nonpartisan association representing New Mexico’s 33 counties since 1936. Its mission is to strengthen New Mexico counties’ ability to govern their own affairs and to improve the well-being and quality of life of their constituents. NM Counties provides numerous services to counties including legislative advocacy, self-insurance administration, legal assistance, and professional development. For more information, please visit www.nmcounties.org.
