From HRDive, Jennifer Carsen reports on a case in which barbers in Florida were found to be independent contractors. Jennifer writes:
- A lower court did not err in leaving intact a jury’s finding that two barbers were not entitled to back overtime pay because they were independent contractors exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, the 11th U.S. Circuit Court of Appeals has ruled (Romero v. Razzle Dazzle Barbershop, Inc., No. 18-12689 (11th Cir. Oct. 29, 2019)).
- The barbers had confidentiality and non-compete agreements that described them as “employees” but there were factual disputes about the employer’s degree of control regarding uniforms, schedules and more. There also were disputes about whether the provisions in a staff handbook were merely advisory, as well as the barbers’ opportunity for profit.
- Because there was at least “some evidence” supporting a jury’s finding that the barbers were independent contractors rather than employees, the 11th Circuit found that the district court did not err in refusing the barbers’ motion for a new trial: “The jury was entitled to choose between conflicting evidence, and the district court did not abuse its discretion by respecting the jury’s decision.”