Michael B. Wharton v. James Furrer

620 F. App'x 546
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 6, 2015
Docket14-3264
StatusUnpublished
Cited by2 cases

This text of 620 F. App'x 546 (Michael B. Wharton v. James Furrer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael B. Wharton v. James Furrer, 620 F. App'x 546 (7th Cir. 2015).

Opinion

ORDER

Two technicians, Michael Wdiarton and Wray Furgason, were employed by Mr. Handyman, a single-member limited liability company. Wfiien they were not paid overtime, Wharton and Furgason sued Mr. Handyman and its sole member, James Furrer, for violating state and federal wage laws. After liability of Mr. Handyman had been determined on summary judgment, the case went to trial before a magistrate judge to decide the amount of damages owed to the plaintiffs. Individual liability of Furrer had not been determined. At trial and in their proposed findings of fact and conclusions of law, the plaintiffs argued that Furrer should be held jointly and severally liable with Mr. Handyman as an “employer” under the applicable state law. The defendants did not contest this finding. Moreover, in *547 their own proposed findings of fact, the defendants stated that Furrer and Mr. Handyman employed the plaintiffs and an award should be assessed against both. The magistrate judge found Furrer to be jointly and severally liable. We affirm.

I. BACKGROUND

This case came before the district court through two separate actions under the Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law (IMWL). Michael Wharton and Wray Furgason worked for Proteus Pros, LLC, d/b/a Mr. Handyman (“Mr. Handyman”) as technicians in 2011. They were not paid overtime despite working roughly 55 hours .per week. James Furrer was the owner, sole member, and sole manager of Mr. Handyman. Wharton and Furgason each filed suit against Furrer and Mr. Handyman.

In an order granting partial summary judgment for Furgason (the “September 2013 order”), the district court dismissed Furgason’s FLSA claims because Furga-son stipulated that the FLSA did not apply to his case (Mr. Handyman did not generate enough annual sales to be covered by the FLSA). However, the court retained supplemental jurisdiction over the IMWL claims. The district court entered partial summary judgment for Furgason on the issue of whether Mr. Handyman violated the IMWL.

The district court later severed some of Wharton’s claims and joined his case with Furgason’s for purposes ' of determining liability under the IMWL. The joint cases went to trial before a magistrate judge on the issue of the extent of damages owed to the plaintiffs. The parties advised the judge at the beginning of trial that the issue of Furrer’s liability as an individual defendant had not been decided.

In lieu of closing arguments, the parties submitted proposed findings of fact and conclusions of law. The plaintiffs proposed a finding that Furrer was an “employer” under,the IMWL. They also proposed that Mr. Handyman and Furrer should be jointly and severally hable to the plaintiffs for various sums of money. The defendants’ proposed findings defined the “Defendants” to include Mr. Handyman and Furrer. It said the plaintiffs were employed “by Defendants.” It proposed a small sum of damages in favor of Wharton and “against Defendants.” It did not differentiate between Mr. Handyman and Furrer in proposing the award and it did not propose a finding that Furrer was not an employer. Ultimately, the magistrate judge entered an order holding Mr. Handyman and Furrer jointly and severally liable for $19,200.50 to Furgason and $8,154.50 to Wharton. Furrer appeals only the finding of personal liability against him.

II. ANALYSIS

In this appeal, Furrer argues that he cannot be held personally liable under the IMWL because he is not an “employer.” He contends that there was no evidence supporting a finding that he was an “employer” in his individual capacity. He asserts that Mr. Handyman was the plaintiffs’ employer, and he was simply the sole member and manager of this LLC. We review findings of fact entered after a bench trial for clear error. Reynolds v. Tangherlini, 737 F.3d 1093, 1104 (7th Cir.2013). This same standard applies to the court’s application of the law to the facts: Id. “Under the clear-error standard, we will not reverse unless, after reviewing all the evidence, we are left with ‘the definite and firm conviction that a mistake has been committed.’ ” Id. (quoting Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985)). If the district court’s conclusions *548 are plausible in light of the record viewed in its entirety, then we will not disturb them. Id.

The IMWL provides that “no employer shall employ any employee for a work week longer than forty (40) hours unless the employee receives compensation for employment in excess of the hours above specified at a rate not less than one and one-half (1.5) times the regular rate at which the employee is employed.” Ind. Code 22-2-2-4(k). It defines an “employer” as “any individual, partnership, association, limited liabihty company, corporation, business trust, the state, or other governmental agency or political subdivision during any work week in which they have two (2) or more employees.” Id. at 22-2-2-3. The parties do not cite, and we have been unable to find, any Indiana cases interpreting what it means to be an “individual” “employer” under the IMWL.

Viewing the record in its entirety, we cannot say that the magistrate judge clearly erred in finding that Furrer was an “employer.” First, the magistrate judge primarily based his finding on the defendants’ own proposed findings of fact, which defined “Defendants” as Mr. Handyman and Furrer, said that the “Defendants” employed the plaintiffs, and proposed an award against both. In doing so, Furrer invited the judge to find that he was an “employer.” A party cannot complain of errors which it committed, invited, induced the court to make, or to which it consented. Weise v. United States, 724 F.2d 587, 590 (7th Cir.1984). “When error is invited, not even plain error permits reversal.” Naeem v. McKesson Drug Co., 444 F.3d 593, 609 (7th Cir.2006). We have applied the invited error doctrine in both civil and criminal cases. See id.; United States v. Muskovsky, 863 F.2d 1319, 1329 (7th Cir. 1988). And we have applied it where the error was invited through a party’s elicitation of evidence during trial, see Naeem, 444 F.3d at 609, as well as through a party’s submission of proposed jury instructions, see Muskovsky, 863 F.2d at 1329.

Furrer claims that it is “reaching]” to compare the submission of proposed findings of fact post-trial to the elicitation of evidence during trial, like in Naeem. The latter can be subjected to the invited error doctrine, but, in his view, the former cannot. He makes this claim without citation to any .legal authority limiting the invited error doctrine in such a manner.

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Bluebook (online)
620 F. App'x 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-b-wharton-v-james-furrer-ca7-2015.