September 07, 2008
US District Court Rules Lifeguards Not Eligible for Overtime
Filed under: News
Vision Payroll

The US District Court for the District of Columbia granted summary judgment to the defendants in a lawsuit by two lifeguards seeking overtime pay. In Miroslav Ivanov,, v. Sunset Pools Management, Inc.,, DDC, 07cv410 RJL, July 29, 2008, the two plaintiffs, Bulgarian citizens, alleged violations of the Fair Labor Standards Act (FLSA) among other complaints. Plaintiffs and defendants agreed that the Ivanov brothers worked in excess of forty hours per week and were not paid an overtime premium. Defendant Sunset Pools Management, Inc. (Sunset) argued that it was exempt from the FLSA overtime requirement under the amusement and recreational exemption. The court found conflicting opinions within the Department of Labor as to whether a pool operator qualified under the instant exception, but ruled that the “undisputed evidence in this case demonstrates that Sunset is an amusement and recreational establishment.” The court also ruled that International Training and Exchange, Incorporated, “an international staffing firm that recruits foreign citizens for ‘work-travel’ opportunities in the United States,” was not the plaintiffs’ employer and therefore not liable under the FLSA. Contact Vision Payroll if you have questions on the FLSA and the amusement and recreational exemption.


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