Petroski, et al. v. H&R Block Enterprises, et al., No. 13-2076 (8th Cir. 2014)
Annotate this CasePlaintiffs filed suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., against H&R Block, alleging that H&R Block must compensate tax professionals for the time spent completing twenty-four hours of rehire training. The court affirmed the district court's grant of summary judgment in favor of H&R Block, holding that the district court engaged in the appropriate inquiry when it considered whether, taking the facts in the light most favorable to the nonmoving party, plaintiffs were employees or trainees when they completed rehire training. The court held that tax professionals were not employees of H&R Block when they completed rehire training where H&R Block received no immediate advantage from the rehire training completed by the tax professionals. The court found further support for this conclusion in the Wage and Hour Division Field Operations Handbook.
Court Description: Civil case - Fair Labor Standards Act. District court did not err in finding that tax professionals undergoing rehire training were not entitled to compensation for the hours spent completing the training as they were trainees, and not employees, for FSLA purposes.
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