Fifth Circuit Says Motel Worker's Activities Not Covered by FLSA
On January 4, 2007, the Fifth Circuit Court of Appeals, in Sobrinio v. Medical Center Visitor’s Lodge, Inc., No. 06-20671 (5th Cir. 2007), examined a claim by an employee of a Texas motel that houses patients of a local Medical Center. The Plaintiff, Mr. Gregorio Sobrinio, acted as a janitor, security guard and a driver for the motel's guests, who were often out of town. Mr. Sobrinio sued his former employer claiming that he was paid below the minimum wage and was not properly compensated for overtime in violation of the Fair Labor Standards Act.
The employer filed a motion for summary judgment which was granted by the lower court on the grounds that Mr. Sobrinio was not personally engaged in interstate commerce and was therefore not covered by the FLSA. The Fifth Circuit held that it was Mr. Sobrinio's burden to prove that his work was directly and vitally related to interstate commerce and was not isolated local activity. Mr. Sobrinio claimed that he met that burden by showing that he transported out-of-state patrons and that the Court in the past had held that such transporters are covered by the FLSA. The Fifth Circuit, however, noted that the cases upon which Mr. Sobrinio relied involved employees transporting travelers to and from interstate and international transportation points. Mr. Sobrinio did not allege, for instance, that his activities included transporting motel patrons to and from the airport. Instead, the Court held, the motel patrons served by Mr. Sobrinio had their interstate travel terminated when they first reached the motel and did not start again until they ultimately departed. The Court went on to state that the fact that many of the motel guests were from out-of-state did not change the fact that Mr. Sobrinio's job description amounted to nothing more than providing local transportation for them once they arrived at the motel. The Court affirmed the granting of summary judgment in favor of the motel/employer.
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