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The Law Office of Lowell J. Kuvin Defends Valet Parking Company - Court Finds "No Interstate Commerce"

June 25, 2017

The Eleventh Circuit Court of Appeals upheld the District Court's grant of summary judgment in a recent decision involving a valet parking company and one of it’s employees who claimed he worked an average of 100 hours each week.

 

The Law Firm of Jamie Zidell represented the former employee, Juan Rodriguez, in a case filed under the Fair Labor Standards Act (“FLSA”). Mr. Rodriguez claimed he worked in average 100 hours each week but was not paid the overtime premium for the overtime (60 hours) each week.

 

The employer, Gold Star Parking, contested the number of hours Mr. Rodriguez claimed he worked each week, and also contested whether the company was required to pay it’s employees overtime. The FLSA only applies to companies that move or handle materials that have moved in interstate commerce.

 

The 11th Circuit Court held in part that “Cars parked by former employees, who worked as valet parkers, were ‘goods,’ rather than ‘materials,’ within the handling clause of the enterprise prong of the FLSA, which operated to exclude coverage under the FLSA for employees engaged in the handling of goods.

 

A proper FLSA defense starts by knowing the nature of the business of the defendant. In the instant case, knowing that Gold Star was merely offering its customers a service was integral to mapping out a course leading to a successful motion for summary judgment. Additionally, knowing your adversary is every bit as important as knowing the law.

 

Joshua Siskin wrote the brief for the Plaintiff, from the law office of Jamie Zidell and the brief for the Defendants was written by Lowell J Kuvin, and Sundeep Mullick, from the Law Office of Lowell J. Kuvin.

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