Making Out-of-State Calls Brings Worker Within Federal Wage Law

An administrative assistant at a Florida pest control company convinced the Eleventh Circuit on Thursday to find in her favor in an overtime wage dispute under the Fair Labor Standards Act.

Wendy St. Elien’s lawsuit against All County Environmental Services Inc. was dismissed by the trial court, which relied on language in the federal law that requires overtime pay for workers who are “engaged in commerce or in the production of commerce” beyond 40 hours per week.

St. Elien’s duties included calling out-of-state customers and vendors, but the trial court said that doesn’t mean she was “engaged in commerce” under ...