Purdham v. Fairfax County School Board
637 F.3d 421
4th Cir.2011Background
- Purdham, a Fairfax County Public Schools safety and security assistant, also served for ~15 years as Hayfield Secondary School's golf coach.
- Coaching duties involve a varsity squad and a B squad; he travels with players and occasionally drives them home.
- He spends roughly 400–450 hours annually on coaching; the district permits coaching during the workday and provides paid administrative leave for coaching events.
- He receives a stipend and expense reimbursement; stipends are fixed and identical across coaches, not tied to hours or team performance.
- In 2004 the district paid overtime to coaches after a wage-hour audit; in 2006 it announced a policy shift to treat non-exempt employees as volunteers and not pay overtime, following a Dept. of Labor guidance.
- The district later informed Purdham in 2007 that it would not pay overtime for coaching as a non-exempt employee, asserting volunteer status under FLSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Purdham is an employee or a volunteer for FLSA purposes as golf coach. | Purdham argues he is an employee entitled to overtime. | School Board asserts Purdham is a volunteer; not an employee. | Purdham is a volunteer; not an employee. |
| Whether the stipend and absence of overtime reflect employee status or nominal volunteer compensation. | Stipend could indicate compensation for coaching. | Stipend is a nominal fee not tied to productivity, maintaining volunteer status. | Stipend deemed nominal; does not negate volunteer status. |
| Whether the retroactive overtime paid in 2003–2005 affects volunteer status. | Retroactive overtime suggests employee status. | No coercion; changes reflect compliance and not coercive pressure. | No reclassification; remaining volunteer status supported. |
| Whether paid administrative leave for coaching conflicts with volunteer status. | Administrative leave could imply employment. | Guidance letters are not controlling; for schools, leave supports volunteering. | Paid administrative leave does not convert to employee status. |
Key Cases Cited
- Tennessee Coal, Iron & R.R. Co. v. Muscoda Local No. 123, 321 U.S. 590 (U.S. 1944) (FLSA remedial purpose; broad interpretation of exemptions)
- Walling v. Portland Terminal Co., 330 U.S. 148 (U.S. 1947) (Definition of 'employee' under FLSA; voluntariness considerations)
- Alamo Foundation v. Secretary of Labor, 471 U.S. 290 (U.S. 1985) (FLSA volunteer concept; humanitarian motive sufficient with constraints)
- Bartels v. Birmingham, 332 U.S. 126 (U.S. 1947) (Economic realities test; employment status considerations)
- City of Elmendorf v. Houston County, 388 F.3d 522 (5th Cir. 2004) (Totality-of-circumstances approach to volunteering under FLSA)