Fair Labor Standards Act Violation – Employment Violation Clause

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7^th Circuit Court of Appeals

Case Name: Thomas Edward Chapman v. Yellow Cab Cooperative, et al.

Case No.: 17-1758

Officials: EASTERBROOK, KANNE, and HAMILTON, Circuit Judges.

Focus: Fair Labor Standards Act Violation – Employment Violation Clause

Chapman contends in this suit under the Fair Labor Standards Act that this arrangement makes him an “employee” of Yellow Cab. He alleges that, after he complained about not receiving the minimum wage, Ali Mohamed, the President of Yellow Cab, told Giri that Chapman was “fired” (in other words, would not be dispatched to passengers who called Yellow Cab seeking a ride). Giri then terminated the sublease. Chapman submits that Mohamed’s action violates the Act’s anti retaliation clause, 29 U.S.C. §215(a)(3).

Chapman’s brief on appeal presents new allegations that make his claim of an employment relation seem stronger. But the place and time to make those allegations was in the district court, in response to the judge’s order. A plaintiff who disobeys an order from a district judge cannot hope to have his case revived by attempting belated compliance in the court of appeals.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.