Perez v. Contingent Care, LLC, No. 15-1074 (8th Cir. 2016)
Annotate this CaseAppellants challenged the district court's judgment under the Fair Labor Standards Act (FLSA), 29 U.S.C. 203(s)(1)(B), 213(a)(1), in favor of the Secretary for unpaid wages, re-judgment and post-judgment interest, as well as a prospective injunction. Because the covered enterprises listed in section 203(s)(1)(B) include both those which provide custodial care and those which provide educational services, and because the district court found that Endless Possibilities provides educational services to children of preschool age, the district court did not err in finding that Endless Possibilities fits within the meaning of “preschool” as used in section 203(s)(1)(B). The district court did not err in calculating damages where the district court's determination of hours worked, based on reasonable inferences and detailed evidence from the Secretary, does not equate to clear error. Accordingly, the court affirmed the judgment.
Court Description: Shepherd, Author, with Colloton and Gruender, Circuit Judges] Labor law - Fair Labor Standards Act. The district court did not err in determining Endless Possibilities and Contingent Care, which provide custodial care and educational services to young children, qualified as a preschool and was a covered enterprise under section 203(s)(1)(B). Any claim that their employees were exempt teachers was waived. The district court did not err in calculating damages for violations of the Fair Labor Standards Act, as the court did not err in relying on the Secretary's calculations, did not err in finding employer's records inadequate or inaccurate, and made just and reasonable inferences to determine wages owed.
The court issued a subsequent related opinion or order on April 8, 2016.
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