Polycarpe v. E & S Landscaping Service, Inc.
2011 U.S. Dist. LEXIS 127481
| S.D. Fla. | 2011Background
- Plaintiffs are former employees of E & S Landscaping Service, Inc. who sued under the FLSA for enterprise coverage damages.
- The district court previously held the business did not qualify for enterprise coverage under the FLSA due to its local nature and the coming-to-rest doctrine.
- The Eleventh Circuit vacated and remanded, instructing reevaluation of whether items moved interstate and whether they are ‘goods’ or ‘materials’ under the handling clause.
- On remand, Plaintiffs moved for summary judgment arguing that office supplies, trucks, equipment, and tools qualify as ‘materials’ moved in commerce.
- Undisputed facts show E&S is a South Florida landscaping firm; Plaintiffs performed standard landscaping tasks; Defendants owned seven GMC trucks manufactured outside Florida; at least two employees used trucks to transport workers and equipment between job sites; the company’s annual sales exceed $500,000.
- The central issue is whether the trucks (and other items) qualify as ‘materials’ or ‘goods’ for enterprise coverage purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do trucks qualify as materials or goods for enterprise coverage? | Trucks have a significant connection to the landscaping business and are used to transport workers and equipment between jobs. | Vehicles are goods subject to the ultimate-consumer exception and should not be treated as materials. | Trucks qualify as materials and travel in commerce, triggering enterprise coverage. |
| Whether two or more employees handling interstate-moved goods or materials establishes enterprise coverage | Evidence shows trucks and equipment moved in interstate commerce supporting enterprise coverage. | Evidence is insufficient to show sufficient interstate movement or that items were not solely local. | Enterprise coverage is established by materials (the trucks) moved in commerce. |
Key Cases Cited
- Polycarpe v. E & S Landscaping Serv., Inc., 616 F.3d 1217 (11th Cir. 2010) (two-part framework for goods vs. materials; interstate movement of items matters)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. Supreme Court 1986) (summary judgment standard; movant bears burden to show absence of genuine issue)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. Supreme Court 1986) (material facts and viewing in light most favorable to nonmoving party)