January 2022 - Parks & Recreation - 33
" facts worthy of the assumption of
truth " with " legal conclusions or
unsupported allegations, " which
are not sufficient to overcome a
motion to dismiss. According to
the court, the fact that Plaintiffs
subjectively expected to receive
compensation
was irrelevant.
Under the FLSA, the issue was
" whether an objectively reasonable
person would have expected to be
paid wages for these positions. "
Under the circumstances of this
case, the federal district court held
the complaint " fails to allege sufficient
facts to establish a plausible
claim that Plaintiffs were employees "
under the FLSA.
Retaliation
As cited by the court: " The FLSA
makes it unlawful for any person
to discharge or in any other manner
discriminate against any employee
because such employee
has filed any complaint related
to non-payment of wages. " 29
U.S.C. ยง 215(a)(3). In this case,
Plaintiff Kasmere also had alleged
the County had violated
the FLSA by retaliating against
him for complaining about compensation
and not returning him
to his volunteer position following
the pandemic furlough. Since
Kasmere was not an " employee "
of the County, the court similarly
dismissed this FLSA claim for
retaliation.
Conclusion
Having determined that Plaintiffs
had failed to plead sufficient facts
to establish that they were " employees "
under the FLSA Public
Agency Volunteer Exception, the
federal district court granted the
County's motion to dismiss Plaintiffs'
minimum wage claims under
the FLSA, as well as analogous
state
law which was
Under
consistent
with the FLSA.
See also: Unpaid Student Interns
the Fair Labor Standards
Act. James C. Kozlowski. Parks &
Recreation. May. 2010 Vol. 45, Iss. 5
(tinyurl.com/45bs7xaf).
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Law review articles archive (1982 to present):
mason.gmu.edu/~jkozlows.
Creating
Equity-Based System
Master Plans
NRPA's online tool can help you
create master plans grounded in
equity and inclusion.
nrpa.org/ParkMasterPlanning
PARK S ANDRECRE AT ION . OR G | J ANUAR Y 2 0 22 | Parks & Recreation
33
http://www.tinyurl.com/45bs7xaf
http://mason.gmu.edu/~jkozlows
http://www.nrpa.org/ParkMasterPlanning
January 2022 - Parks & Recreation
Table of Contents for the Digital Edition of January 2022 - Parks & Recreation
January 2022 - Parks & Recreation - Intro
January 2022 - Parks & Recreation - Cover1
January 2022 - Parks & Recreation - Cover2
January 2022 - Parks & Recreation - 1
January 2022 - Parks & Recreation - 2
January 2022 - Parks & Recreation - 3
January 2022 - Parks & Recreation - 4
January 2022 - Parks & Recreation - 5
January 2022 - Parks & Recreation - 6
January 2022 - Parks & Recreation - 7
January 2022 - Parks & Recreation - 8
January 2022 - Parks & Recreation - 9
January 2022 - Parks & Recreation - 10
January 2022 - Parks & Recreation - 11
January 2022 - Parks & Recreation - 12
January 2022 - Parks & Recreation - 13
January 2022 - Parks & Recreation - 14
January 2022 - Parks & Recreation - 15
January 2022 - Parks & Recreation - 16
January 2022 - Parks & Recreation - 17
January 2022 - Parks & Recreation - 18
January 2022 - Parks & Recreation - 19
January 2022 - Parks & Recreation - 20
January 2022 - Parks & Recreation - 21
January 2022 - Parks & Recreation - 22
January 2022 - Parks & Recreation - 23
January 2022 - Parks & Recreation - 24
January 2022 - Parks & Recreation - 25
January 2022 - Parks & Recreation - 26
January 2022 - Parks & Recreation - 27
January 2022 - Parks & Recreation - 28
January 2022 - Parks & Recreation - 29
January 2022 - Parks & Recreation - 30
January 2022 - Parks & Recreation - 31
January 2022 - Parks & Recreation - 32
January 2022 - Parks & Recreation - 33
January 2022 - Parks & Recreation - 34
January 2022 - Parks & Recreation - 35
January 2022 - Parks & Recreation - 36
January 2022 - Parks & Recreation - 37
January 2022 - Parks & Recreation - 38
January 2022 - Parks & Recreation - 39
January 2022 - Parks & Recreation - 40
January 2022 - Parks & Recreation - 41
January 2022 - Parks & Recreation - 42
January 2022 - Parks & Recreation - 43
January 2022 - Parks & Recreation - 44
January 2022 - Parks & Recreation - 45
January 2022 - Parks & Recreation - 46
January 2022 - Parks & Recreation - 47
January 2022 - Parks & Recreation - 48
January 2022 - Parks & Recreation - 49
January 2022 - Parks & Recreation - 50
January 2022 - Parks & Recreation - 51
January 2022 - Parks & Recreation - 52
January 2022 - Parks & Recreation - 53
January 2022 - Parks & Recreation - 54
January 2022 - Parks & Recreation - 55
January 2022 - Parks & Recreation - 56
January 2022 - Parks & Recreation - Cover3
January 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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