Plaintiffs allege that Rite–Way was an enterprise covered by the FLSA because (1) its employees handled materials such as “mops, brooms, towels, soap, chemicals, vacuum cleaners, and other cleaning materials, supplies, and equipment” that had moved in interstate commerce, and (2) its annual gross volume of sales exceeded $500,000.

Therefore, as held persuasively by the Eleventh Circuit, if an employer has employees “handling, selling, or otherwise working on … materials,” the employer would be subject to the FLSA if it satisfied the $500,000 sales volume requirement also.

 

Reyes v. Rite-Way Janitorial Service, Inc., WL 625064 (S.D. Tex.) February 16, 2016