Legal Opinion
Nesbitt v. FCNH, Inc.
Court of Appeals for the Tenth Circuit
Decided November 9, 2018No. 17-1084PublishedCited by 3 opinions
1Opinion of the Court
KELLY, Circuit Judge.
Plaintiff-Appellant Rhonda Nesbitt is a former massage therapy student who attended a for-profit vocational school operated by Defendants-Appellees ("Steiner"). Ms. Nesbitt, on behalf of a class of former students, brought suit claiming the students qualified as employees of Steiner under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 - 219, and alleging Steiner violated the FLSA by failing to pay minimum wage. The district court granted summary judgment in favor of Steiner, holding that the students were not employees of the schools under the FLSA. See Nesbitt v.…
2Cases cited14 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Birch v. Polaris Industries, Inc.Court of Appeals for the Tenth Circuit · 2015
- Walling v. Portland Terminal Co.Supreme Court of the United States · 1947
- Glatt v. Fox Searchlight Pictures, Inc.Court of Appeals for the Second Circuit · 2015
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3Cited by3 opinions
- Mark Fochtman v. Hendren Plastics, Inc.Court of Appeals for the Eighth Circuit · 2022
- Brandi McKay v. Miami-Dade CountyCourt of Appeals for the Eleventh Circuit · 2022
- Montoya v. CRST Expedited, Inc.District Court, D. Massachusetts · 2019