Jones v. GilesJones v. Giles
Giles appeals from the district court‘s judgment based on violations of the Fair Labor Standards Act (FLSA),
FACTS AND PROCEEDINGS BELOW
The district court made the following findings of fact: Giles employed ambulance drivers and paramedics, appellees in this action, between March, 1979--September, 1981. Appellees were scheduled to work 24 hour shifts according to a variable ON-OFF system. Each appellee was on call at all times during the shift, including meal and sleep periods. When an appellee worked less than a full 24 hour shift, he was paid at an hourly rate computed by dividing his per shift rate by 24. No overtime compensation was ever paid.
While on duty appellees were not free to leave the premises for their own purposes; meal and sleep periods were frequently interrupted by calls. No agreement existed between Giles and appellees regarding regularly scheduled meal or sleep periods during each 24 hour shift or whether sleep and meal periods would be counted as hours worked or counted only if interrupted. Additional compensation was never paid for interrupted sleep or meal periods.
All appellees were required to report ten minutes early for each shift to inspect and refurbish the ambulances as needed. Appellees occasionally worked beyond the end of the normal shift.
The district court concluded that jurisdiction was conferred by
Giles filed post-judgment motions under
ISSUES
1. Is the district court‘s judgment void for lack of subject matter jurisdiction?
2. Did Giles timely raise the
3. Is Giles entitled to
4. Did the district court properly award attorney‘s fees?
DISCUSSION
1. Voidness for lack of subject matter jurisdiction
(A) Standard of review
Giles’ appeal from both the court‘s judgment and from denial of the post-judgment motions center on his argument that the district court was without subject matter jurisdiction over appellees’ overtime claims and therefore the judgment should be vacated as void.
A district judge has no discretion in determining whether a judgment is void; it either is or it is not. Accordingly, we review de novo. See Honneus v. Donovan, 691 F.2d 1, 2-3 (CA1 1982); Compton v. Alton Steamship Co., 608 F.2d 96, 107 (CA4 1979); see also Miller v. Oregon Liquor Control Comm‘n, 688 F.2d 1222, 1223 (CA9 1982). The court‘s characterization of the
We review the court‘s denial of Giles’ Rule 52 motion under the clearly erroneous standard, Inwood Lab Inc. v. Ives Lab, Inc., 456 U.S. 844, 855, 102 S.Ct. 2182, 2188, 72 L.Ed.2d 606 (1982), and denial of his Rule 50 motion under the abuse of discretion standard, Peacock v. Bd. of Regents, 597 F.2d 163, 165 (CA9 1979).
(B) Analysis
Federal courts are courts of limited jurisdiction, whose constitutional or congressional limitations must be neither disregarded nor evaded. Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 374, 98 S.Ct. 2396, 2403, 57 L.Ed.2d 274 (1978). Absence of subject matter jurisdiction may render a judgment void where a court wrongfully extends its jurisdiction beyond the scope of its authority. Kansas City Southern Ry. Co. v. Great Lakes Carbon Corp., 624 F.2d 822, 825 (CA8 1980) (citing Stoll v. Gottlieb, 305 U.S. 165, 171, 59 S.Ct. 134, 137, 83 L.Ed. 104 (1938)), cert. denied 449 U.S. 955, 100 S.Ct. 363, 66 L.Ed.2d 220 (1980). An error in interpreting a statutory grant of jurisdiction is not, however, equivalent to acting with total want of jurisdiction and does not render the judgment a complete nullity. Id. See Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376-77, 60 S.Ct. 317, 319-320, 84 L.Ed. 329 (1940). A void judgment, as opposed to an erroneous one, is legally ineffective from inception. Id.
In the interests of finality, the concept of void judgments is narrowly construed, Lubben v. Selective Serv. System Local Bd. 27, 453 F.2d 645, 649 (CA1 1972), and we hold that the judgment in this case was not void. Giles conceded that the court had original jurisdiction over the case pursuant to
Accordingly, we conclude that the district court did not err in holding that it had subject matter jurisdiction over the action and in denying Giles’ post-judgment motions.
The question now remains as to the proper characterization of the
2. Timeliness of 29 U.S.C. Sec. 213(b)(1) exemption
Giles argues that he timely raised the exemption issue in his reply trial brief and that the district court erred in not amending the pretrial order under
3. 29 U.S.C. Sec. 213(b)(1) exemption
(A) Standard of Review
The district court‘s holding on the applicability of the
(B) Analysis
Section seven of the FLSA requires payment of overtime compensation to employees covered by the section. Section seven does not, however, cover all employees who are subject to the FLSA generally.
The Interstate Commerce Commission concluded in Lonnie W. Dennis, 63 M.C.C. 66 (1954), that the petitioner‘s ambulance services were outside of the jurisdiction of the Motor Carriers Act. The ICC noted that ambulance service implies emergency situations and a freedom of movement and that public interest mandates that ambulances be sent over the most practicable routes to whatever destinations their services may be needed, irrespective of any limitations upon their operating authority. 63 M.C.C. at 70. The Department of Transportation has incorporated this language into its interpretation of the Federal Motor Carrier Safety Regulations (FMCSR), stating that the operation of ambulances in transportation of corpses or sick and injured persons is not subject to the FMCSR. See
The Secretary of Transportation, by virtue of the transfer of authority from the ICC of all orders previously issued by the ICC to the Secretary of Transportation, thus adopted the Dennis decision. Newhouse v. Robert‘s Ilima Tours, Inc., 523 F.Supp. 320, 322 (D.Haw.1981), remanded without opinion 654 F.2d 731 (CA9 1981); Department of Transportation Act, 80 Stat. at 949 (1966) (codified at
We are unpersuaded by the Sixth Circuit‘s reasoning in Benson v. Universal Ambul. Serv., 675 F.2d 783 (CA6 1982). There, the court held that an ambulance service was a motor carrier, relying on the following language: “Ambulance service is traditionally considered a part of the transportation industry.” Id. at 786 (quoting Duffy v. Oele, 274 F.Supp. 307, 311 (W.D.Mich.1967)). Duffy, however, held that an ambulance service was subject to the FLSA, not the Motor Carriers Act.
The Sixth Circuit also reasoned that because such vehicles as school buses and taxicabs were specifically exempt from the Motor Carriers Act, see
We do not believe that the Motor Carriers Act, rather than the FLSA, applies to ambulance services. We also note that the Eighth Circuit has implied that the FLSA applies to ambulance services. See Mitchell v. Williams, 420 F.2d 67 (CA8 1969). Thus, we hold that ambulance services are not subject to the Motor Carriers Act, and are therefore subject to the FLSA.
Any exemption to the FLSA must be narrowly construed, Nekton, 703 F.2d at 1151, and we therefore hold that Giles was not entitled to a
4. Attorney‘s fees
(A) Standard of review
An award of attorney‘s fees will not be disturbed on appeal absent an abuse of discretion. Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (CA9 1975), cert. denied 425 U.S. 951, 96 S.Ct. 1726, 48 L.Ed.2d 195 (1976).
(B) Analysis
The FSLA allows prevailing plaintiffs a reasonable attorney‘s fee.
Giles argues that the district court failed to substantially consider the twelve relevant factors adopted by the Ninth Circuit in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (CA9 1975), cert. denied 425 U.S. 951, 96 S.Ct. 1726, 48 L.Ed.2d 195 (1976). The court need not specifically discuss all twelve factors so long as the record shows that it considered the relevant factors necessary to support a reasonable award. Newhouse, 708 F.2d at 441. The court may even view one Kerr guideline as controlling if all factors were considered. Id. We are satisfied that the court complied with Kerr. The court noted that it had carefully considered the Kerr factors and that the case was neither complex nor difficult. We find no abuse of discretion. See id.
CONCLUSION
We conclude that the judgment of the district court must be affirmed.
IT IS SO ORDERED.*