Benjamin v. B&H Education, Inc.

Under the "economic reality" test, cosmetology and hair design students were not employees under the Fair Labor Standards Act (FLSA) even though they alleged that much of their time was spent in menial and unsupervised work. The Ninth Circuit affirmed the district court's grant of summary judgment for defendant, holding that a primary beneficiary analysis, rather than a test formulated by the Department of Labor, applied in the context of student workers. The panel reasoned that the students, not defendant's schools, were the primary beneficiaries of their own labors. The panel also held that the students were not employees entitled to be paid under Nevada or California law. Finally, the district court did not abuse its discretion by striking declarations as sanction under Federal Rule of Civil Procedure 37. View "Benjamin v. B&H Education, Inc." on Justia Law