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Rickey M. Bullington appeals from the trial court’s grant of summary judgment to the Fayette County School district and Dave Brotherton, its Superintendent collectively “the school district” in the suit brought by Bullington to recover back wages and penalties he claims are due him as overtime compensation under certain provisions of the Fair Labor Standards Act “the Act”. 29 U.S.C. § 207 a 2 and 216 b. The school district answered, and cross-motions for summary judgment were filed. The trial court granted the school district’s motion and denied that of Bullington. Bullington appeals, contending the trial court erred in finding that he waived his right to maintain an action under the Act and that he is an executive exempt from the Act’s overtime provisions. We find no error and affirm the grant of summary judgment to the school district.

The record shows that Bullington was employed as head custodian at a Fayette County elementary school. He supervised two other full-time custodians and a number of part-time custodians. According to his principal, these supervisory duties took up more than 50 percent of Bullington’s time. As a favor to Bullington, in late spring or summer 1996 he was hired as one of the part-time custodians, with night and weekend responsibilities, in addition to his full time job as head custodian. He was paid a salary for his job as head custodian, while he was paid on an hourly basis for his job as part-time custodian.

 
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