Tag Archives: eleventh circuit

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test to Determine Compensability of Internships

The Court of Appeals for the Eleventh Circuit last week adopted the Second Circuit’s “primary beneficiary” test as the appropriate test for determining whether an unpaid clinical intern was truly an “employee” within the meaning of the FLSA. Schumann v. Collier Anesthesia, P.A., 2015 U.S. App. LEXIS 16194 (11th Cir. 2015). In rejecting the test … Continue Reading

Eleventh Circuit Upholds District Court’s Rejection of Challenge to Employer Records

Employers defending FLSA overtime claims brought by employees are often frustrated when such claims include alleged “off the clock” work despite the fact that the business properly maintained records of hours worked.  A new decision rejects one such allegation.  Gilson v. Indaglo, Inc., 2014 U.S. App. LEXIS 20828 (11th Cir. 2014). The sales employee plaintiffs … Continue Reading

Supreme Court Declines Review of Intern Compensability Issue

While the compensability of time spent in internship programs continues to be an hotly contested litigation issue, the United States Supreme Court has declined an opportunity to provide clarity in this area, denying certiorari to a Florida medical billing intern whose claim was rejected last year by the Eleventh Circuit.  Kaplan v. Code Blue Billing … Continue Reading

Eleventh Circuit Finds Non-Executive “Manager” Is Exempt Administrative Employee

An employee holding a position involving some degree of managerial authority but not enough to qualify for the executive exemption, is sometimes classified as exempt under the administrative exemption. This classification is premised on, among other duties, these individuals making decisions concerning workflow, prioritizing tasks, and communicating with customers.  The Court of Appeals for the … Continue Reading

Reversing District Court, Eleventh Circuit Orders Trial of Cable Installers’ Claims of Misclassification Under FLSA

In a lengthy analysis of the “economic realities” test as applied to cable installers, the Court of Appeals for the Eleventh Circuit reversed Judge Elizabeth A. Kovachevich of the Middle District of Florida’s 2012 decision finding cable installers to be properly classified as independent contractors.  Scantland, et al. v. Jeffry Knight, Inc., et al., 11th Cir. … Continue Reading

Eleventh Circuit Addresses Undocumented Workers Right to Unpaid Wages Under FLSA and Calculation of Overtime Owed to Salaried Workers

The Eleventh Circuit has found that an individual who is not authorized to work in the United States can recover alleged unpaid wages under the FLSA, rejecting an employer’s argument that Supreme Court’s decision in Quality Inn in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), bars such claims. In so holding, the … Continue Reading

Eleventh Circuit: “Externs” Who Received Academic Credit Are Not Employees Under FLSA

As discussed in this space just last week, there is an ongoing war regarding compensation of interns under the FLSA. In a victory for employers, last week, the United States Court of Appeals for the Eleventh Circuit ruled that individuals completing externships relating to their enrollment in MedVance Institute’s Medical Billing and Coding Specialist program were … Continue Reading

Federal Appeals Court: Employee Provided Time and (Private) Place to Express Milk Has No Claim Under the FLSA’s Nursing Mothers Provision

In 2010, the FLSA was amended to require covered employers to provide a time and place for nursing mothers who are non-exempt employees to express breast milk. In the first appellate decision interpreting the provision (29 U.S.C. § 207(r)(1)), the Court of Appeals for the Eleventh Circuit has ruled that an employee who was afforded both … Continue Reading

Volunteer Firefighter Not “Employee” Under the FLSA

As litigation over the alleged “employee” status of unpaid interns continues, employers and courts continue to analyze whether other service providers are “employees” under the FLSA who must receive minimum wage and overtime for hours in excess of 40.  Consistent with the Sixth Circuit’s employer-friendly ruling on a similar issue, the Court of Appeals for … Continue Reading

Contravening Eleventh Circuit, Fifth Circuit Finds No “Supervision” of FLSA Settlements Required Where Other Indicia of Fairness Are Present

For years, the conventional wisdom among FLSA practitioners has been that waiver of FLSA claims requires “supervision,” either from a court or the federal Department of Labor. This supervision requirement dates back to the seminal appellate case on the subject, Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). Since Lynn’s Food was … Continue Reading

Eleventh Circuit Confirms: DHL Not Joint Employer of Contractors’ Couriers

In the latest judicial analysis of wage-and-hour plaintiffs’ ongoing quest to hold larger entities liable as “joint employers” of a vendor’s employees, the Court of Appeal for the Eleventh Circuit has affirmed DHL Express’ victory in an Alabama federal court on this issue. Layton v. DHL Express United States, 2012 U.S. App. LEXIS 13978 (11th Cir. … Continue Reading

Circuit Court Confirms That Bonus Structure Based On Hours Worked Did Not Negate Employer’s Compliance With Salary Basis Test

The “salary basis” test is by far the most straightforward component of the white collar overtime exemptions, requiring only a fixed salary of $455/week (subject to state law) paid in compliance with the requirements of 29 CFR § 541.602. However, an employer’s use of an unusual compensation or bonus structure can still result in allegations that … Continue Reading

Eleventh Circuit Finds Crane Dispatcher To Be Exempt Administrative Employee

In light of other case law, a recent pro-employer decision from the Eleventh Circuit Court of Appeals, holding that a salaried dispatcher for a crane rental company qualified as an exempt administrative employee, adds credence to a question often asked by legal and human resources professionals: is the administrative exemption in the eye of the … Continue Reading
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