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 and they have a significant connection to the activity of transporting the patients. Defendants are therefore subject to FLSA coverage.”

White v. NTC Transp. Inc., No. 4:11cv007-SA-JMV, 2013 WL 5430512 at *6 (N.D. Miss. Sept. 27, 2013)

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 was in a position of control over the employees.”

White v. NTC Transp. Inc., No. 4:11cv007-SA-JMV, 2013 WL 5430512 at *7 (N.D. Miss. Sept. 27, 2013)