“The Plaintiff’s assertions that he worked over forty hours in a work week and was not paid overtime or minimum wage are not legal conclusions, but rather factual allegations that if proven give rise to a plausible claim for relief.”

Holland v. Wright, No. 1:13-cv-16, 2013 WL 5290658 at *3 (E.D. Tex. September 19,

RULE:  Trucks manufactured out-of-state that are used to transport patients purely within the state are “materials” under FLSA, which bestows FLSA coverage on the employer.

“Accordingly, the vehicles used in the performance of transporting non-emergency patients to appointments in the course of Defendants’ business are “materials,” i.e., those vehicles are necessary for transporting those patients

RULE: Partial ownership combined with express dealings with payroll create fact issue as to whether person is an employer under FLSA.

“However, considering her part ownership of the business, as well as her express dealings with the payroll, the Court finds that the evidence creates a genuine dispute of material fact as to whether she