Karlson v. Action Process Service, etc., No. 15-3322 (8th Cir. 2017)Annotate this Case
Plaintiff filed suit against APS, seeking unpaid overtime wages owed under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-201 et seq. The Eighth Circuit affirmed the district court's judgment in favor of defendants. Reviewing the trial evidence under a deferential standard, the court applied the economic realities test and held that evidence at trial was sufficient to support the jury's conclusion that plaintiff was an independent contractor under the FLSA. The court also held that the district court did not abuse its discretion in deciding it would permit questions addressing the nature of the parties' relative investments but would not allow plaintiff to billboard large numbers that would create the danger of unfair prejudice.