A Florida construction worker was not eligible for overtime under either the individual or enterprise coverage provisions of the Fair Labor Standards Act, the 11th Circuit has ruled in affirming a summary judgment. In order to be eligible for FLSA overtime, an employee must first demonstrate that he is "covered" by the Act. Under 29 U.S.C. [section]207(a)(1), there are two possible types of FLSA coverage. First, an employee may claim "individual coverage" if he regularly and "directly participat[es] in the actual movement of persons or things in interstate commerce." Second, an employee is subject to enterprise coverage if he is "employed in an enterprise engaged in commerce or in the production of goods for commerce.
The Department of Labor (the Department or DOL) proposes to revise the current Fair Labor Standards Act (FLSA or the Act) regulations pertaining to the exemption for companionship services and live-in domestic services. Section 13(a)(15) of the FLSA exempts from its minimum wage and overtime provisions domestic service employees employed ``to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary).'' Section 13(b)(21) of the FLSA exempts from the overtime provision any employee employed ``in domestic service in a household and who resides in such household.'' These exemptions were enacted in 1974 at the same time that Congress amended the FLSA to extend co...
In a case where the plaintiffs, who worked as newspaper district sales managers, asserted they were entitled to overtime pay, the U.S. District Court for the Western District of New York ruled to dismiss their Fair Labor Standards Act (FLSA) claims. Specifically, Judge Charles J. Siragusa in Linza Henry Ford, individually and on behalf of others similarly situated; and Thomas Bell v. Gannett Co., Inc., Individually and d/b/a Star Gazette, found the Motor Carriers Act, which provides an exemption from the maximum hours and overtime provisions of the FLSA, applied to the plaintiffs.
Sales managers for a company that operates banquet halls were "administrative employees" exempt from federal overtime requirements, the 1st Circuit has ruled in affirming judgment. The plaintiffs worked as sales managers for the defendant, a company that operates "high-end" banquet halls in Boston, Mass. and Newport, R.I. Their duties involved securing event business for the company and fashioning scheduled events to suit the client's needs.
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