CASE 6

“CASE 6: Pulse Drugs operates an ambulance service to transport disabled individuals on a non-emergency basis. Halferty was hired as a night dispatcher by Pulse. Halferty worked at home, and was required to be “on duty” to take calls for service from 5:00 p.m. to 8:00 a.m., Monday – Thursday, and from 5:00 p.m. Friday to 8:00 a.m. Monday; she was paid $230 per month. Halferty was not given any special training; she was simply instructed how to fill in record sheets, and how to call the ambulance crew to notify them of the service request. Halferty was free to engage in personal business as long as it didn’t interfere with the calls, and was able to leave her home as long as she made sure someone was available to answer the phone. Pulse claimed Halferty was an independent contractor and was exempt from FLSA’s overtime and minimum wage requirements. Halferty filed suit to collect overtime and minimum wage back pay under FLSA”

An ambulance service transports disabled individuals on a non-emergency basis.  Jane was hired as a night dispatcher. She worked at home, and was required to be on duty to take calls for service from 5:00 p.m. to 8:00 a.m., Monday through Thursday, and from 9:00 p.m. Friday to 7:00 a.m. on Monday. She was paid $550 per month. She was not given any special training, she was simply instructed how to fill in record sheets, and how to call the ambulance crew to notify them of the service request. Jane was free to engage in personal business as long as it did not interfere with the calls, and was able to leave her home as long as she made sure that someone was available to answer the phone.

The ambulance company claimed that Jane was an independent contractor and was exempt from the FLSA’s overtime and wage requirements. Jane filed suit to collect overtime and minimum wage back pay under the FLSA. Determine whether she will succeed. If you determine that she will succeed, explain the remedies available. Break down the elements of your response using applicable case law and statutory support for your position