Employer – Employee : FLSA – Overtime Pay – ‘Private Home’

(1)Where employees of a non-profit organization, which provided services to disabled people in a living arrangement in which the disabled clients lived at the homes of the employees who provided care, sought overtime pay, summary judgment for the non-profit employer is affirmed because the homes under which the employees provided services were “private homes” under the Fair Labor Standards Act since the employer lacked control over the living arrangements and was not responsible for the additional hours of labor caused by the shared living space.

(2)Where an employee who argued that she was terminated in retaliation for filing a complaint about overtime work with the Department of Labor was the subject of an unfavorable performance report and had instances of unprofessional and insubordinate conduct, the employee failed to put forth evidence beyond temporal proximity to support her case, so the judgment against her is affirmed.

Judgment is affirmed.

Fezard v. United Cerebral Palsy of Central Arkansas (MLW No. 68639/Case No. 14-3601 – 10 pages) (U.S. Court of Appeals, 8^th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Moody Jr., J. (Josh Sanford, Little Rock, Arkansas, argued for appellant) (Samuel Brent Wakefield, Little Rock, Arkansas, argued for appellee; James D Robertson appeared on the brief).

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