6th Circuit says DOL's FLSA primary duty analysis still applies after Loper Bright
Key points
- On October 29, the 6th Circuit ruled a former IT employee in Bennink v. Cincinnati Bell Telephone Co. fell under the 'computer employee' exemption and was not owed overtime
- The court held that DOL's 'primary duty' interpretation still applies after Loper Bright
- The report says this is at least the second appeals court to address the issue
The 6th U.S. Circuit Court of Appeals held on October 29 in Bennink v. Cincinnati Bell Telephone Co. that the Department of Labor's interpretation of the 'primary duty' test for overtime exemptions still applies after the Supreme Court ended Chevron deference in 2023. The court ruled that a former IT employee met the 'computer employee' exemption under the Fair Labor Standards Act and was not owed overtime pay. The report says it is at least the second appeals court to weigh in. For reference only, not legal advice.
What employers should do
- Review whether IT and similar roles' exemption classifications meet the 'primary duty' and 'computer employee' standards
- Keep job duty and pay records when relying on the exemption
Policy details
- Jurisdiction
- Federal
- Status
- Court ruling
- Effective date
- 2026-10-29
- Employers covered
- Employers subject to FLSA overtime rules
- Official source
- View official source ↗
Original report: HR Dive ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.