DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143601P.pdf 01/05/2016 Frederic Fezard v. United Cerebral Palsy etc.
U.S. Court of Appeals Case No: 14-3601
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Smith, Author, with Murphy and Melloy, Circuit Judges]
Civil case - Fair Labor Standards Act. Where defendant's employees provide
companion services for defendant's clients in the employees' own homes,
these homes are private dwellings for purposes of the FSLA, and the
plaintiffs were not entitled to overtime pay; plaintiff satisfied the
protected-activity and adverse-employment-action elements of a prima facie
case for retaliatory discharge, but defendant provided a legitimate,
non-retaliatory basis for the discharge - plaintiff's poor performance -
and plaintiff failed to show the stated ground was a pretext.