Johnson v. Transmission Services, Inc.

MEMORANDUM *

Appellant, Randy Johnson, worked for Appellees Don Sparks and Transmission Services, dba Northstar Industries (collectively referred to as “Transmission Services”). He claimed he was not paid overtime, in violation of Washington law and the federal Fair Labor Standards Act (FLSA). The district court dismissed his federal claims, and a jury found against him on his Washington claims.

I. DISMISSAL OF JOHNSON’S FLSA CLAIMS.

Johnson argues the district court erroneously dismissed his FLSA claims. Before Johnson had finished presenting his case, Transmission Services moved to dismiss his FLSA claims. It argued that Johnson had failed to establish that it was within the scope of the FLSA. Under the FLSA, Johnson first had to establish that he or Transmission Services was subject to the Act. See 29 U.S.C. §§ 203 and 206 (to be subject to the Act, corporation or employee must be “engaged in commerce,” and corporation must have an annual gross income of at least $500,000). On day one of the trial, while Johnson was putting forth his case, the court cautioned that, “at this point there is no proof of interstate commerce, there is no proof of amount of sales or income to the…