Acosta v Off Duty Police Services, Inc

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School

Oakland University *

*We aren’t endorsed by this school

Course

3420

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

3

Uploaded by rhondafoate

1 Writing Assignment #1 Erik Foate HRD3420 Work and the Law Michael Long January 11, 2024 Name of Case - Acosta v Off Duty Police Services, Inc . Court that decided the case: United States Court of Appeals for the Sixth Circuit Date of Decision February 12, 2019 Procedural History The district court conducted a four-day bench trial, during which 19 former Off Duty Police Services, Inc. (ODPS) employees testified. Following the trial, the district court ruled that ODPS's nonsworn workers were employees entitled to overtime wages under the Fair Labor Standards Act (FLSA). The court also considered them independent contractors, given they were not entirely reliant on ODPS wages but used them as supplemental income. Despite some errors in ODPS's records, the court found them unintentional and not in violation of the FLSA. The Department of Labor contested the classification of ODPS's sworn officers as independent contractors, and ODPS appealed the decisions regarding nonsworn workers' employee status and the calculation of back wages. Facts ODPS, located in Louisville, Kentucky, provides traffic control and security services, classifying its workers, including police officers, as independent contractors. These workers were paid a flat rate per job without receiving overtime pay. The Secretary of Labor, R. Alexander
2 Acosta, filed a lawsuit against ODPS, asserting that the workers were misclassified and should be considered employees entitled to overtime pay. Plaintiff Argues Acosta contended that the workers were economically dependent on ODPS, making them employees under the FLSA. He argued they should receive overtime wages, and ODPS's record- keeping procedures violated FLSA requirements. Defendant Argues ODPS argued that nonsworn workers were independent contractors and not entitled to FLSA overtime wages or back wage calculations. They emphasized the workers' freedom to choose when and where they worked and their ability to work for other companies. Question to be Decided The central issues were whether the workers should be classified as employees or independent contractors under the FLSA and whether they were entitled to overtime wages. Additionally, the court considered whether ODPS's record-keeping practices violated FLSA rules. Holding of Court The Sixth Circuit Court of Appeals overturned the district court's decision, siding with the Secretary of Labor. The court determined that the workers were employees, not independent contractors, based on the "economic reality" test. It found that ODPS exerted control over various aspects of the workers' jobs, leading to the conclusion that they were entitled to overtime wages. The plaintiff prevailed.
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