Legal Opinion

Chapman v. A.S.U.I. Healthcare & Development Center

Court of Appeals for the Fifth Circuit

Decided February 3, 2014No. 13-20081UnpublishedCited by 6 opinions

1Opinion of the Court

PER CURIAM: *

The principal issue in this Fair Labor Standards Act (“FLSA”) case is whether Plaintiff-Appellees Vera Chapman and Krystal Howard were employees of Defendants-Appellants A.S.U.I. Healthcare and Development Center and Diann Simien 1 (collectively “ASUI”). The district court held on summary judgment that they were employees, rather than independent contractors, and therefore entitled to be paid for overtime. The court conducted a bench trial as to damages. We AFFIRM.

Chapman and Howard worked as direct caregivers in group homes for persons with mental disabilities. ASUI contracted…

2Cases cited17 opinions

  1. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
  2. Triple Tee Golf, Inc. v. Nike, Inc.Court of Appeals for the Fifth Circuit · 2007
  3. Long Island Care at Home, Ltd. v. CokeSupreme Court of the United States · 2007
  4. W. J. Usery, Secretary of Labor, United States Department of Labor, Plaintiff v. Pilgrim Equipment Company, Inc.Court of Appeals for the Fifth Circuit · 1976
  5. Bruce Barcellona, Cross-Appellants v. Tiffany English Pub, Inc., D/B/A Tgi Friday's, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979

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3Cited by6 opinions

  1. Rouse v. Target Corp.District Court, S.D. Texas · 2016
  2. Dean v. 1715 Northside Drive, Inc.District Court, N.D. Georgia · 2016
  3. Thompson v. Blessed Home Inc.District Court, E.D. North Carolina · 2014
  4. Chamberlain v. Waller County Asphalt Inc.District Court, S.D. Texas · 2023
  5. Lirette v. Sonic Drive-In CorporationDistrict Court, E.D. Louisiana · 2023

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