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Orozco v. Plackis

Articles Discussing Case:

eLABORate: Fifth Circuit Block's Franchisee Employee's Effort to Treat Franchisor As His "Employer" Under The FLSA

Phelps Dunbar LLP • July 10, 2014
The Fifth Circuit Court of Appeal recently held in Orozco v. Plackis that a franchisor was not liable to a franchisee employee for alleged minimum wage and overtime violations because the franchisor was not an “employer” under the Fair Labor Standards Act (“FLSA”). No. 13-50632, 2014 WL 3037943 (5th Cir. July 3, 2014). Under the FLSA, an employer is broadly defined as “any person acting directly or indirectly in the interest of an employer in relation to an employee.” 29 U.S.C. § 203(d). Relying on the economic reality test, the Fifth Circuit examined the employer?employee relationship by examining whether the franchisor: (1) possessed the power to hire and fire the employee, (2) supervised and controlled the employee work schedules or conditions of employment, (3) determined the rate and method of payment, and (4) maintained employment records. After examining the evidence, the Fifth Circuit held that the franchisor was not an employer under the FLSA because the employee lacked legally sufficient evidence to establish any of the elements of the economic reality test.