Big Time Sand Trap: Golf Course Hit With Misclassification FLSA Collective Action

No industry or business is immune to FLSA collective actions. What better proof of this than the fact that a Florida resort and golf course management company were sued in a proposed collective action in federal court. The theory is that the caddies were really employees, not independent contractors and that the employers deprived the caddies of overtime pay and minimum wages in violation of the Fair Labor Standards Act/Florida law. The case is entitled Stapleton et al. v. Kemper Sports Management Inc. and was filed in federal court in the Middle District of Florida.

The Complaint alleges that the employer failed to pay the caddies their wages. This process became the responsibility of the guests and players, who paid minimum rates established by the resort plus tips. The named plaintiff alleges he and the others worked 1-2 rounds of golf per day, which could take, due to weather and other issues, up to six hours to play. A two round day meant a work day of twelve