Mary Poppins, Mrs. Doubtfire, and the FLSA
Court decisions usually are far from entertaining. Especially those in the world of labor and employment law. But a recent decision by the Eleventh Circuit Court of Appeals concerning the Fair Labor Standards Act (FLSA) called upon television and movie characters to help clarify the issue.
The question before the court was whether a certain nanny was entitled to overtime pay. Under the FLSA, a nonexempt worker who works more than 40 hours in a workweek is entitled to time-and-a-half pay for extra hours. But the FLSA makes an exception for certain domestic workers; specifically, an employee who performs domestic services in a household and resides in that household.
In this case, the plaintiff worked for about three years as a nanny and housekeeper for her clients. She worked 79 hours each week—a 23-hour shift and four 14-hour overnight shifts. After every shift, she left the house until the next one. The client paid her for 79 hours, but the plaintiff believed she was entitled to overtime for 39 of the 79 hours. The clients disputed the claim, saying that she was not entitled to overtime because she resided in the house where she worked. The plaintiff appealed.
The Eleventh Circuit three-judge panel had some fun establishing a basis for its opinion.
“Say the word ‘nanny,’ and any number of beloved fictional characters may pop into mind: Julie Andrews's Mary Poppins, Martin Lawrence's Big Momma, Fran Drescher's Nanny Fine, Robin Williams's Mrs. Doubtfire, or Vin Diesel's Shane Wolfe, to name just a few. But except for perhaps labor-law lovers, most people probably have never thought about whether any of these nannies would have been entitled to overtime pay in the real world. After all, none of these fictional nannies ever had a story line involving overtime pay.”
“In the real world, whether a nanny is entitled to overtime pay presents an important question,” and “the FLSA governs the answer to this question.”
The court decided in favor of the plaintiff, finding that the nanny did not “reside” with the client, but stayed only during her shifts.
We might question the use of one of the references, since Big Momma actually was an undercover FBI agent, but that nitpick is just how we detail-oriented attorneys think. In any case, we appreciate levity in the interest of clarity, especially in this time when so many court decisions are critical to life, liberty, and the pursuit of happiness.
As always, when you need counsel from experienced employment attorneys, we are ready to help.