Labor relations — Fair Labor Standards Act — Minimum wage — Overtime — Covered entity — Enterprise — “Handling clause” of FLSA provides that an entity is subject to “enterprise coverage” under the Act if it has employees handling, selling or otherwise working on goods or “materials” that have been moved in or produced for interstate or international commerce — Under test settled on in Polycarpe v. E&S Landscaping Serv., Inc., to count as “materials,” an item must be a tool or other article necessary for doing or making something and must have a significant connection with employer’s commercial activity — Items for which the employer is the “ultimate consumer” do not count as materials — District court correctly ruled that vehicles parked by plaintiffs were not “materials” under ultimate consumer exception — However, whether plaintiffs’ handling of walkie-talkies, pens, uniforms, valet tickets, and other items that originated out of state were “materials” remained a triable issue of fact — Reasonable jury could find that uniforms valets were required to wear were “materials” under handling clause, as uniforms identified for employer’s customers the persons to whom they should entrust their vehicles, which is essential to valet company’s commercial activity — Movement in commerce — Manufacturing labels in uniforms indicating place of manufacture are admissible in evidence and would be sufficient to create jury question on movement of uniforms in international or interstate commerce
27 Fla. L. Weekly Fed. C997b
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