Martinez v. Petrenko, No. 14-2112 (1st Cir. 2015)
Annotate this CasePlaintiff filed this lawsuit against his employer asserting a claim for unpaid overtime under the Fair Labor Standards Act (FLSA). Specifically, Plaintiff alleged that his employer engaged in commerce within the meaning of the FLSA and generated annual gross sales of not less than $500,000. The employer moved for summary judgment on the FLSA claim, arguing that Plaintiff had not established fact sufficient to meet his burden of proving that his employer’s sales were high enough to trigger coverage under the FLSA. In response, Plaintiff submitted an affidavit claiming that he himself engaged in interstate travel and phone calls sufficient to establish individual coverage under the Act. The district court granted summary judgment against Plaintiff on his FLSA claim and for the employer on Plaintiff’s various state-law claims. The First Circuit affirmed, holding that Plaintiff was not entitled to relief on his FLSA claim or on his state-law claims.
The court issued a subsequent related opinion or order on July 16, 2015.
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