Nonprofit food distributor may be subject to FLSA

Nonprofit food distributor may be subject to FLSA

Nonprofit food distributor may be subject to FLSA

A nonprofit agency engaged in the acquisition of grocery products for distribution to food banks and other organizations seeking to ameliorate hunger may be engaged in interstate commerce and subject to the wage and hour requirements of the federal Fair Labor Standards Act. A federal District Court in Florida has refused the agency’s motion to dismiss the case. An employee complained that she was not paid adequate wages because she had to start work at 7:30 each morning but was not paid for work performed prior to 8:00. The agency moved to dismiss the complaint on the ground that it was not covered by the FLSA. The FLSA provides coverage under both an individual test and an enterprise test...

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