Benshoff v. City of Virginia Beach

180 F.3d 136, 5 Wage & Hour Cas.2d (BNA) 657, 1999 U.S. App. LEXIS 11779, 1999 WL 371592
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 8, 1999
DocketNo. 98-1965
StatusPublished
Cited by70 cases

This text of 180 F.3d 136 (Benshoff v. City of Virginia Beach) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benshoff v. City of Virginia Beach, 180 F.3d 136, 5 Wage & Hour Cas.2d (BNA) 657, 1999 U.S. App. LEXIS 11779, 1999 WL 371592 (4th Cir. 1999).

Opinion

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge LUTTIG and Judge MOTZ joined.

OPINION

TRAXLER, Circuit Judge:

Plaintiffs, firefighters employed by the City of Virginia Beach (the “City”), appeal an order of the district court denying their motion for summary judgment and granting the City’s cross motion for summary judgment on plaintiffs’ claim that the City violated the Fair Labor Standards Act (the “FLSA” or “Act”), see 29 U.S.C.A. §§ 201—219 (West 1998), by refusing to pay them overtime wages for hours they volunteered to private rescue squads which provide emergency medical services within the City. See Benshoff v. City of Virginia Beach, 9 F.Supp.2d 610 (E.D.Va.1998). We affirm.

I.

The material facts are not in dispute. Plaintiffs are seven master firefighters employed by the City. As such, the City requires them to be certified to render Basic Life Support (“BLS”) services to individuals they encounter in the perfor-[139]*139manee of their duties.1 Also, it is not uncommon for fire department units to be dispatched on medical emergency calls if, because of time or distance, they would be able to arrive before a rescue squad. In either case, however, the firefighters are only required to provide BLS services until a rescue squad licensed to provide Advanced Life Support (“ALS”) or an ALS certified rescue squad member arrives on the scene.2

In order for its firefighters to provide BLS services, the City has obtained a non-transport BLS license from the Commonwealth of Virginia. The City does not, however, possess an ALS license and does not require its firefighters to become certified to provide ALS care. Rather, the City is unique in that pre-hospital emergency medical services, and associated transport services, are provided by private, all-volunteer rescue squads, and have been since the 1940s. Currently, there are eleven such rescue squads which have obtained the requisite licenses from the Commonwealth to provide ALS services. Each rescue squad is a separately incorporated non-profit entity, governed by its own board of directors and by-laws. Collectively, the rescue squads enjoy a volunteer membership that exceeds 800 persons.

This ease arises from each plaintiffs decision to obtain ALS certification and to join one of the volunteer rescue squads. Some plaintiffs did not decide to join a rescue squad until after becoming City firefighters.3 Others had volunteered for one of the rescue squads before becoming City firefighters.4 It is undisputed, however, that each plaintiff freely decided to volunteer, and that the City in no way coerced or otherwise pressured plaintiffs to obtain advanced certification or join a rescue squad. Indeed, plaintiffs testified that their decisions to join the rescue squads were motivated by personal, civic, charitable, or humanitarian purposes.

In 1997, plaintiffs filed this lawsuit against the City, seeking overtime compensation under the FLSA for their services as rescue squad members. Despite the undisputed volunteer nature of the services when donated, plaintiffs now contend [140]*140that, since 1990, they have actually performed such services as “employees” of the City as that term is defined by and interpreted under the FLSA. We disagree.

II.

A.

The FLSA generally requires that all employers compensate their employees at the rate of one and one-half times their normal hourly rate for all hours worked in excess of a 40-hour week. See 29 U.S.C.A. § 207(a)(1) (West 1998). The Act’s purpose is to protect “the rights of those who toil, of those who sacrifice a full measure of their freedom and talents to the use and profit of others.” Tennessee Coal, Iron & R.R. Co. v. Muscoda Local No. 123, 321 U.S. 590, 597, 64 S.Ct. 698, 88 L.Ed. 949 (1944). And because the Act is “remedial and humanitarian in purpose,” id., it should be broadly interpreted and applied to effectuate its goals, see id.; see also Tony & Susan Alamo Found. v. Secretary of Labor, 471 U.S. 290, 296, 105 S.Ct. 1953, 85 L.Ed.2d 278 (1985).

Those seeking compensation under the Act bear the initial burden of proving that an employer-employee relationship exists and that the activities in question constitute employment for purposes of the Act. See Davis v. Food Lion, 792 F.2d 1274, 1276 (4th Cir.1986). Once this burden is met, the employer bears the burden of proving entitlement to any exemptions or exceptions to the Act’s compensation requirements. See Johnson v. City of Columbia, 949 F.2d 127, 129-30 (4th Cir.1991) (en banc).

The Act, however, provides little guidance as to what constitutes an employer-employee relationship or “employment” sufficient to trigger its compensation provisions. An “employee” is defined as “any individual employed by an employer,” 29 U.S.C.A. § 203(e)(1), and an “employer” is defined as “any person acting directly or indirectly in the interest of an employer in relation to an employee,” id. at § 203(d). To “employ” means “to suffer or permit to work.” Id. at § 203(g).

The scope of these definitions, however, is not limitless. See, e.g., Tony & Susan Alamo Foundation, 471 U.S. at 295, 105 S.Ct. 1953; Isaacson v. Penn Community Servs., Inc., 450 F.2d 1306, 1308 (4th Cir.1971). “The Act’s purpose as to wages was to insure that every person whose employment contemplated compensation should not be compelled to sell his services for less than the prescribed minimum wage.” Walling v. Portland Terminal Co., 330 U.S. 148, 152, 67 S.Ct. 639, 91 L.Ed. 809 (1947). Accordingly, the definitions of “employ” and “employer” were “not intended to stamp all persons as employees who, without any express or implied compensation agreement, might work for their own advantage on the premises of another,” nor should they be interpreted so as to “sweep under the Act each person who, without promise or expectation of compensation, but solely for his personal purpose or pleasure, work[s] in activities carried on by other persons either for their pleasure or profit.” Id.; see also Tony & Susan Alamo Foundation, 471 U.S. at 295, 105 S.Ct. 1953. Thus, for example, in determining whether an employer-employee relationship exists for purposes of the FLSA, we have looked to see whether the individual seeking compensation can be said to have “displaced a bona fide applicant who desired to sell his services at prevailing rates, or ... to be an exploited unorganized laborer, evils which the Act was designed to prevent.” Isaacson, 450 F.2d at 1310.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
180 F.3d 136, 5 Wage & Hour Cas.2d (BNA) 657, 1999 U.S. App. LEXIS 11779, 1999 WL 371592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benshoff-v-city-of-virginia-beach-ca4-1999.