Primary Duties, Not Coding or Credentials, Control the FLSA Computer-Employee Exemption

Case: Loren Bennink v. Cincinnati Bell Telephone Company, LLC
Court: United States Court of Appeals for the Sixth Circuit
Decision: October 29, 2026, No. 26-3150
Opinion: Judge Ritz, joined by Judges Gibbons and Larsen

1. Introduction

The Sixth Circuit’s published decision addresses how the Fair Labor Standards Act’s computer-employee exemption applies to a technology professional whose principal contributions involve system design and technical documentation rather than writing code. It also considers whether an employment offer expressing compensation as an hourly rate establishes a contractual right to payment for every hour worked when the employee subsequently receives fixed weekly compensation.

Loren Bennink developed extensive expertise in Cincinnati Bell’s interactive voice response system, or IVR—the automated telephone system that routes callers through programmed menus. Initially working through an outside service provider, he helped develop the system, document its architecture, and connect it to company databases. Cincinnati Bell hired him directly in 2016.

His offer letter specified compensation of $75 per hour if he declined medical coverage, which he did. It also described employment as at will and twice stated that the offer did not constitute an employment contract. For almost his entire employment, Bennink received compensation equivalent to $3,000 weekly, regardless of his hours.

After assuming substantial additional responsibilities, including integrating Hawaii Telecom’s contact-center operations, Bennink sometimes worked extremely long days. He left in June 2023 and sued for statutory overtime and breach of contract. The district court granted summary judgment to Cincinnati Bell on both claims.

The appellate court affirmed. Its central conclusion is that qualifying computer work includes substantive system design, development, and documentation even when another employee performs the programming. Its separate contract analysis emphasizes mutual assent, sufficiently definite compensation terms, and the significance of the parties’ actual course of dealing.

2. Summary of the Opinion

  • Computer-employee exemption: Bennink’s primary duty fell within 29 U.S.C. § 213(a)(17)(B), which covers specified activities involving computer systems or programs.
  • Qualifying activities: His IVR documentation, call-flow design, and development work substantively shaped how the system operated. These were not merely clerical diagrams or routine technical-support tasks.
  • No coding or degree prerequisite: The exemption did not require Bennink personally to write code or possess a particular educational credential. His actual work and experience were decisive.
  • Primary duty: The most important part of a job need not consume the greatest amount of time. The absence of a precise allocation of Bennink’s hours did not prevent summary judgment on this record.
  • Contract claim: The offer letter did not independently establish the asserted contract. Nor did the remaining evidence establish an enforceable promise to pay $75 for every hour worked.
  • Alternative contract ground: Even assuming an initial all-hours agreement, the court concluded that Bennink accepted continued employment on a salary basis through his informed continuation under the established compensation arrangement.

Because the computer-employee exemption resolved the FLSA claim, the court did not decide whether Bennink also qualified for the administrative or highly compensated employee exemptions.

3. Analysis: Legal Reasoning

A. The statutory text controls the computer-employee inquiry

The FLSA generally requires overtime compensation at one and one-half times an employee’s regular rate for hours exceeding forty in a workweek. Section 213(a)(17), however, exempts qualifying computer systems analysts, computer programmers, software engineers, and similarly skilled workers whose primary duties satisfy the statute.

The court confined its analysis to § 213(a)(17)(B), covering:

“design, development, documentation, analysis, creation, testing, or modification of computer systems or programs” based on and related to user or system design specifications.

Cincinnati Bell did not rely on the separate categories addressing systems-analysis techniques under subsection (A) or machine operating systems under subsection (C). That limitation matters: the decision establishes the sufficiency of Bennink’s duties under subsection (B), not the requirements of every branch of the exemption.

The statute also imposes a minimum compensation rate of $27.63 per hour for employees compensated hourly. Although the parties disputed whether Bennink was hourly or salaried, both agreed that his compensation rate exceeded that threshold. The court therefore focused on his duties rather than resolving that characterization for purposes of the FLSA claim.

B. Congress’s changes foreclose importing superseded requirements

The court traced the exemption’s development. In 1990, Congress directed the Department of Labor to address certain computer workers within the professional exemption. The resulting regulations included requirements involving independent discretion and highly specialized knowledge.

In 1996, Congress enacted the separate statutory computer-employee exemption. It adopted the earlier regulations’ list of qualifying activities but omitted their language concerning education, independent judgment, and highly specialized knowledge. The court treated those omissions as meaningful.

Consequently, a court cannot reject an otherwise qualifying employee simply because the employee lacks a computer-science degree, formal coding instruction, or the credentials associated with older professional-exemption formulations. The statutory occupational language and specified duties still matter; the decision does not exempt every employee who uses technology. It instead rejects additional prerequisites absent from the governing text.

C. Agency regulations remain informative, not automatically controlling

The court independently assessed the Department of Labor’s definition of “primary duty” in 29 C.F.R. § 541.700. It accepted that definition because it persuasively reflected the statutory term, not because ambiguity required deference to the agency.

Under that definition, primary duty means the employee’s principal, main, major, or most important duty, assessed in light of the job as a whole. Time spent is relevant but not dispositive. This approach avoids converting a qualitative inquiry into an inflexible time-percentage test.

D. IVR design and technical documentation were qualifying computer work

The court readily classified the IVR as a computer system. It automatically routed calls through programmed choices while drawing information from databases and other systems. That its functionality depended on several constituent systems did not change its character.

Bennink’s work also satisfied the required connection to user or system design specifications. He gathered input from departments using or supporting the IVR, identified operational needs, considered technical constraints, and proposed how calls should flow through the system.

His documentation performed two related functions. It explained the system’s existing operation and guided future changes. Programmers used his work to understand what needed to be implemented, while Bennink updated the documentation as the system evolved. The court therefore rejected his characterization of the work as merely producing “complicated flowcharts.”

The distinction is substantive rather than visual: a flowchart can embody computer-system design when it determines how the system should respond to users. Conversely, the decision does not suggest that every diagram or instruction document constitutes exempt technical documentation.

Nor did Bennink’s reliance on programmers defeat the exemption. The statute lists design, development, and documentation separately from other computer activities. An employee can shape a system’s operation without personally translating those decisions into executable code.

E. Mixed responsibilities did not displace Bennink’s primary duty

The court acknowledged that some of Bennink’s responsibilities did not fit neatly within the exemption. He coordinated teams, negotiated deadlines and budgets, managed vendor relationships, and prepared technology launches. These activities did not automatically become exempt merely because they occurred in an IT setting.

Nevertheless, the record established that IVR design, development, and documentation were central to his employment. His accumulated IVR expertise helped explain both his initial hiring and his later responsibility for the Hawaii Telecom integration. His deposition described substantial technical and operational contributions.

The court therefore found the qualifying duties primary despite the absence of an exact time breakdown. The reasoning is record-specific: it does not excuse an employer from proving the exemption where genuinely disputed evidence leaves the employee’s principal responsibilities uncertain.

F. The contract claim required proof beyond an hourly figure

The contract claim was analytically independent of the FLSA claim. An employee exempt from statutory overtime may still possess contractual compensation rights. Bennink’s theory sought $75 for every hour worked, rather than the FLSA’s time-and-a-half premium.

The court first rejected the offer letter as an independently enforceable contract. The letter twice disclaimed contractual status, and Bennink testified that he did not think there had been a meeting of the minds when it was exchanged. Those facts prevented him from establishing mutual assent through the letter alone.

The court then considered whether the subsequent at-will relationship nevertheless included the asserted compensation term. Ohio recognizes the contractual nature of at-will employment, but enforcing a particular provision still requires sufficiently definite terms supported by evidence of agreement.

The letter’s “per hour” language gave Bennink’s position an obvious textual foundation. Nevertheless, the court found that it did not resolve whether the stated rate would operate as an hourly payment obligation for all hours or as the basis for fixed compensation. The letter did not specify overtime treatment or weekly hours, and Bennink identified no later assurances establishing an all-hours promise. His expectation that employment would replicate his prior contracting terms was insufficient.

Finally, the court supplied an alternative rationale. Since October 2016, Bennink had received fixed compensation equivalent to $3,000 weekly. He reviewed statements identifying that weekly amount, knew he could not enter more than forty hours, and knew the company classified him as exempt. His workload complaints did not raise compensation objections. On those facts, the court concluded that his continued employment reflected agreement to the salary arrangement, even assuming a different initial understanding.

This is not a holding that at-will employees lack enforceable pay agreements or that disclaimers invariably defeat wage promises. The decision rests on this disclaimer, this testimony, the absence of additional assurances, and this sustained course of dealing.

4. Analysis: Precedents Cited and Their Influence

A. Summary judgment and appellate review

Jones v. Producers Serv. Corp., 95 F.4th 445 (6th Cir. 2024)

The court cited this decision for de novo review of both the grant and denial of summary judgment. The appellate panel therefore independently assessed whether the record supported judgment as a matter of law, rather than deferring to the district court’s legal conclusions.

Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986)

This decision supplied the requirement to draw reasonable inferences in favor of the nonmoving party. Cincinnati Bell’s victory accordingly depended on the absence of a genuine material dispute even when the evidence was viewed favorably to Bennink.

Caudle v. Hard Drive Express, Inc., 91 F.4th 1233 (6th Cir. 2024)

The court relied on this case for the opposing party’s obligation to identify specific facts demonstrating a genuine issue for trial once the movant meets its initial burden. Bennink’s efforts to characterize his work as nontechnical could not substitute for evidence undermining his own detailed descriptions of his duties.

B. Burden of proof and interpretation of FLSA exemptions

E.M.D. Sales, Inc. v. Carrera, 604 U.S. 45 (2025)

This Supreme Court decision established that an employer proves an FLSA exemption by a preponderance of the evidence. The court applied that ordinary civil burden, not a heightened evidentiary standard. At summary judgment, the separate requirement that no genuine material factual dispute exist remained applicable.

Thomas v. Speedway SuperAmerica, LLC, 506 F.3d 496 (6th Cir. 2007)

This precedent supported three important propositions: the employer bears the exemption burden; an employee’s primary duty need not occupy most working time; and actual duties, rather than the parties’ descriptions of the position, control. It helped connect the governing framework to Bennink’s multidimensional role.

Icicle Seafoods, Inc. v. Worthington, 475 U.S. 709 (1986)

The court used this decision to distinguish factual questions about how an employee spends working time from the legal question whether those activities satisfy an exemption. That distinction explains how the panel could classify Bennink’s established responsibilities as exempt work without treating every disagreement over their legal significance as a factual dispute.

Encino Motorcars, LLC v. Navarro, 584 U.S. 79 (2018)

This decision required a “fair reading” of FLSA exemptions rather than an artificially narrow construction. That approach supported applying the statute’s express references to documentation, design, and development without adding a coding requirement or an educational qualification.

C. Statutory history, agency guidance, and actual duties

Pioch v. IBEX Eng'g Servs., Inc., 825 F.3d 1264 (11th Cir. 2016)

The court cited this Eleventh Circuit decision for the historical development of the computer-employee exemption. Its role was contextual: it helped explain the movement from the professional-exemption framework to the separate statutory provision. The panel did not treat it as a direct resolution of Bennink’s particular duties.

Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024)

This decision supplied the administrative-law framework. The court could consider the Department of Labor’s expertise but could not defer merely because the statute was ambiguous. Its adoption of the regulatory primary-duty definition reflected independent agreement with that interpretation.

Ale v. Tenn. Valley Auth., 269 F.3d 680 (6th Cir. 2001)

Quoted through the Speedway precedent, this case reinforced the need to examine actual duties. Neither Cincinnati Bell’s “Contingency 3 - IT” classification nor Bennink’s later effort to minimize his technical role determined the result. His résumé and testimony were relevant as evidence of his work, not as controlling labels.

D. The boundary between substantive computer work and routine support

Bohn v. Park City Group, Inc., 94 F.3d 1457 (10th Cir. 1996)

The court drew a close analogy to this decision’s discussion of technical writing under the earlier regulatory exemption. Internal documentation requiring knowledge of system architecture could potentially qualify as exempt documentation. Bennink’s work similarly linked user needs with technical specifications.

The panel carefully distinguished the governing legal frameworks: the older regulation discussed in this precedent included a highly specialized knowledge requirement that the current exemption no longer contains. The case supported the character of Bennink’s documentation without supplying superseded statutory requirements.

Martin v. Indiana Michigan Power Co., 381 F.3d 574 (6th Cir. 2004)

This was the principal contrasting authority. The employee there installed hardware and configured desktops according to designs created by others, rather than making substantive analytical decisions about the network’s operation. Bennink, by contrast, helped determine how the IVR should function.

Although the case addressed the older regulatory exemption, its distinction between implementing predetermined specifications and substantively affecting a system remained useful. It prevents the present decision from becoming a general exemption for IT support personnel.

Ross v. Creative Image Techs., LLC, No. 3:13-CV-00003-CRS, 2014 WL 2890467 (W.D. Ky. June 25, 2014)

The panel cited this district court decision as persuasive support for distinguishing employees who follow predetermined troubleshooting steps from employees who help decide how system components should function together.

Ortega v. Bel Fuse, Inc., No. 15-21229-CIV, 2016 WL 1588393 (S.D. Fla. Apr. 20, 2016)

This district court authority supported the same functional distinction. Together, these decisions reinforced the panel’s approach without supplying binding circuit precedent or an independent basis for exemption.

E. Contract formation and definite employment terms

Lucarell v. Nationwide Mut. Ins. Co., 97 N.E.3d 458 (Ohio 2018)

This Ohio Supreme Court decision supplied the threshold requirement that a breach-of-contract claimant establish a contract’s existence. An asserted failure to pay could not resolve the antecedent question whether Cincinnati Bell had undertaken the specific obligation Bennink alleged.

Fry v. FCA US LLC, 143 N.E.3d 1108 (Ohio Ct. App. 2017), and Noroski v. Fallet, 442 N.E.2d 1302 (Ohio 1982)

The former, quoting the latter, established mutual assent—a “meeting of the minds”—as essential to contract formation. The offer’s express disclaimers and Bennink’s deposition admission were decisive under that principle.

Lake Land Emp. Grp. of Akron, LLC, v. Columber, 804 N.E.2d 27 (Ohio 2004)

This decision performed a dual role. It recognized that at-will employment is generally contractual, preventing the analysis from ending with the offer-letter disclaimer. It also established that either party may propose changes to an at-will employment relationship, supporting the court’s alternative analysis of Bennink’s continued employment under fixed weekly compensation.

Lunsford v. Sterilite of Ohio, L.L.C., 165 N.E.3d 245 (Ohio 2020)

This authority further supported the contractual character of at-will employment. Its inclusion underscores that freedom to terminate employment does not eliminate every enforceable obligation within the relationship.

Brown v. Fukuvi USA Inc., 2022-Ohio-1608, 2022 WL 1514910 (Ohio Ct. App. 2022), and Hopkins v. U.S. Bancorp, No. 1:16-CV-552, 2017 WL 3537181 (S.D. Ohio Aug. 17, 2017)

The court cited these decisions for the requirement of sufficiently definite contractual terms. A contractual employment relationship does not itself establish agreement to the particular all-hours compensation provision Bennink sought to enforce.

Mers v. Dispatch Printing Co., 483 N.E.2d 150 (Ohio 1985)

This decision allowed consideration of surrounding circumstances, custom, and course of dealing to determine whether express or implied terms altered an at-will arrangement. It justified looking beyond the offer letter while also highlighting Bennink’s failure to identify specific assurances comparable to those found in other employment disputes.

Wright v. Honda of Am. Mfg., Inc., 653 N.E.2d 381 (Ohio 1995), and Clayton v. Cleveland Clinic Found., No. 101854, 2015 WL 1851517 (Ohio Ct. App. Apr. 23, 2015)

These cases illustrated claims supported by particular conversations or company documents concerning employment guarantees. The court contrasted that kind of evidence with Bennink’s reliance on his earlier contractor rate and his personal expectation of unchanged terms.

Whisman v. Ford Motor Co., 157 F. App'x 792 (6th Cir. 2005)

This decision reinforced the Ohio-law principle governing changed terms in at-will employment. It supported the alternative conclusion that Bennink accepted the established salary arrangement through continued employment with knowledge of how he was being compensated.

F. The decision under review

Bennink v. Cincinnati Bell Tel. Co., LLC, No. 1:23-CV-774, 2026 WL 291004 (S.D. Ohio Feb. 4, 2026), was the district court judgment being reviewed, not an independent appellate precedent. The Sixth Circuit affirmed its disposition of both claims, while expressly examining whether the broader at-will relationship could support compensation obligations apart from the offer letter.

5. Potential Impact and Limits

A. Greater clarity for noncoding technology roles

The opinion provides significant guidance for roles combining technical design, business requirements, system documentation, and implementation coordination. An employee need not be the person writing code if the employee’s principal work substantively determines how a computer system operates.

That principle may be relevant to systems designers, technical business analysts, and similar hybrid professionals. Titles alone remain insufficient: employers must establish the actual statutory duties, their primary importance, and applicable compensation requirements.

B. A continuing boundary around routine support

The contrast with employees implementing predetermined specifications remains essential. Routine installation, scripted troubleshooting, ordinary project coordination, and general technology use do not become exempt merely because the workplace is technically sophisticated.

C. Evidence of importance may matter more than precise timekeeping

The decision confirms that hiring history, responsibility for critical projects, testimony, and descriptions of substantive work can establish a primary duty without an exact time allocation. But materially different or conflicting evidence could still require trial.

D. Independent judicial evaluation of agency interpretations

The opinion illustrates how courts may continue using sound agency guidance after the rejection of automatic ambiguity-based deference. The Department’s primary-duty interpretation remained influential because the court independently found it persuasive.

E. Compensation drafting and course of dealing remain consequential

The contract analysis highlights the risks of combining an hourly expression with fixed weekly payment without clearly explaining the relationship between them. Future disputes may turn on explicit all-hours promises, overtime provisions, later communications, objections to payment practices, or other evidence absent here.

The alternative contract holding should also remain distinct from statutory wage law. Continued employment cannot authorize noncompliance with FLSA rights applicable to a nonexempt employee. Here, the statutory claim failed because Bennink was exempt; the course-of-dealing analysis concerned his separate contractual entitlement.

6. Complex Concepts Simplified

Computer-employee exemption

A statutory exception to ordinary FLSA wage protections for workers meeting specified computer-duty and compensation requirements—not a blanket exception for everyone working in IT.

Primary duty

The most important part of the employee’s job overall, which need not be the activity occupying the most hours.

Summary judgment

A decision without trial when no genuine dispute over a legally consequential fact remains and one party is entitled to prevail under the law.

De novo review

Fresh appellate examination without deference to the lower court’s legal determination.

Preponderance of the evidence

Proof that a proposition is more likely true than not. The employer carries that burden for an FLSA exemption.

Meeting of the minds

Mutual agreement to the contractual obligation being asserted; one party’s expectation alone does not establish it.

At-will employment

Employment generally terminable by either side, subject to legal limitations. It can still contain enforceable compensation terms.

Course of dealing

The parties’ pattern of conduct, such as repeated payments and informed continuation of work, which may help establish their agreement.

7. Conclusion

The decision’s central contribution is a functional interpretation of the computer-employee exemption: substantive system design and technical documentation can qualify even without personal coding duties or formal credentials. The inquiry remains grounded in actual responsibilities, statutory requirements, and the job’s most important work.

The contract holding separately demonstrates that an hourly figure does not, on every record, establish an enforceable promise to pay for all hours worked. Mutual assent, definite terms, and the parties’ subsequent conduct remain crucial. Together, the holdings affirm Cincinnati Bell’s judgment while preserving the distinction between statutory exemption and contractual compensation rights.