Flor Andrea Rodriguez Asalde v. First Class Parking Systems LLC

894 F.3d 1248
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 29, 2018
Docket16-16814
StatusPublished
Cited by1 cases

This text of 894 F.3d 1248 (Flor Andrea Rodriguez Asalde v. First Class Parking Systems LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flor Andrea Rodriguez Asalde v. First Class Parking Systems LLC, 894 F.3d 1248 (11th Cir. 2018).

Opinions

JORDAN, Circuit Judge:

Flor Andrea Rodriguez Asalde worked as a valet for First Class Parking Systems LLC. She and others who also worked as valets brought claims in a putative collective action under the minimum-wage and overtime provisions of the Fair Labor Standards Act against FCPS and related parties (whom we refer to collectively as FCPS). The district court granted summary judgment in favor of FCPS, but did so based on a misreading of the term "materials" in 29 U.S.C. § 203(s)(1)(A)(i). We therefore reverse and remand.

I

The FLSA enumerates the employment situations that are covered by its provisions. See 29 U.S.C. § 203(s). The plaintiffs here asserted that their employment was covered by the "materials" prong of the "handling clause" under the "enterprise coverage" provision in the Act. See Polycarpe v. E&S Landscaping Serv., Inc., 616 F.3d 1217, 1220-21 (11th Cir. 2010). Cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1266 (11th Cir. 2006) (addressing "individual coverage" rather than "enterprise coverage"). The "handling clause" provides that an entity is subject to "enterprise coverage" under the FLSA if it "has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for [interstate or international] commerce by any person." 29 U.S.C. § 203(s)(1)(A)(i). See also § 203(b) (defining "commerce").

FCPS moved for summary judgment on several grounds, including that the plaintiffs could not provide evidence that any employees handled any qualifying "goods or materials." The district court agreed and granted summary judgment on this basis alone. The court concluded that the plaintiffs' activity of parking cars did not meet the handling clause's "goods or materials" requirement. It also ruled that the fact that the plaintiffs "handled walkie-talkies, pens, uniforms, valet tickets and other items that originated out of state" was irrelevant to the analysis because "[FCPS] was the ultimate consumer of those goods." Rodriguez Asalde v. First Class Parking Sys. LLC, No. 16-cv-20027, *12502016 WL 5464599, at *3 n.4 (S.D. Fla. Sept. 29, 2016).

II

We review the district court's summary judgment order de novo, and view the evidence (and inferences) in the light most favorable to the plaintiffs, who were the non-moving parties. See Howlett v. Birkdale Shipping Co., S.A., 512 U.S. 92, 94, 114 S.Ct. 2057, 129 L.Ed.2d 78 (1994); Allen v. Bd. of Pub. Educ., 495 F.3d 1306, 1310 (11th Cir. 2007). Based on the record before us, we hold that the evidence the plaintiffs presented sufficed to allow a jury to conclude that uniforms used by FCPS' employees were "materials" within the meaning of § 203(s)(1)(A)(i).

A

"Goods" and "materials" are distinct (i.e., not overlapping) categories; an object may be a "good" in certain contexts and a "material" in others. See Polycarpe, 616 F.3d at 1222, 1226. The term "goods" is defined broadly in the Act. See id. at 1222 (quoting 29 U.S.C. § 203(i)). The term "materials" is not defined at all. See Rodriguez v. Gold Star, Inc., 858 F.3d 1368, 1370 (11th Cir. 2017) (decided after the district court's ruling in this case); Polycarpe, 616 F.3d at 1222.1

In Polycarpe, we concluded that "materials" are "tools or other articles necessary for doing or making something." 616 F.3d at 1224. We further held that "where a business provides a service using an item as part of its `commercial operations,' Congress intended for those kinds of items to be viewed as `materials.'" Id. at 1225. Then, we settled on a test:

First, whether an item counts as "materials" depends on whether the item is serving as a material in context.... [T]o count as "materials," an item must [be a] tool[] or other article[] necessary for doing or making something....
Second, for an item to count as "materials" it must have a significant connection with the employer's commercial activity; the business may not just somehow internally and incidentally consume the item.

Id. at 1226.

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894 F.3d 1248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flor-andrea-rodriguez-asalde-v-first-class-parking-systems-llc-ca11-2018.