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

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Eric P. Dama Eric P. Dama

We asked Eric P. Dama, a Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide his open answers to a range of questions.  After reading, you will be more more versed with the advocacy that Mr. Dama affords.

1.

We asked Eric P. Dama, a Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide his open answers to a range of questions.  After reading, you will be more more versed with the advocacy that Mr. Dama affords.

1. What did you start practicing labor and employment law?

The prospect of representing another person’s interests and helping those who are going through the toughest and most stressful times in life really intrigued me.

2. What is the most important issue to you of being an advocate?

Giving my clients a voice.

3. Who is your favorite Supreme Court Justice?

Hugo Black.

4. What do you think is the most important part of a good case?

A likable client with a strong story to tell.

5. If you could write a new law, what would it do?

Not give companies so much leeway in dealing with terminating employees.

6. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

I worked as a Journalist and Newspaper Staff Writer at The University of Oklahoma.

7. Who is your favorite celebrity?

Barry Switzer.

8. What skills do you value as an employment attorney?

Empathy and patience.

9. What is your favorite food?

Any shell food.

10. What’s the best part of living in Dallas?

Family and friends!

Eric P. Dama is a Trial Attorney in the Dallas office of Rob Wiley, P.C.  He graduated summa cum laude from The University of Oklahoma with a bachelor’s degree in journalism in 2011.  Mr. Dama went on and received his law degree from Baylor University School of Law in 2014.