IN RE ENTERPRISE RENT-A-CAR WAGE & HOUR EMPLOYMENT

No. 11-2883.

683 F.3d 462 (2012)

In re ENTERPRISE RENT-A-CAR WAGE & HOUR EMPLOYMENT PRACTICES LITIGATION, Nickolas Hickton; Sean Herbster; Miquel McDonald; Michael Keith Averill, Jr.; Jasmine Bromfield; Nils Hagstrom; Elsa Depina; Jeffrey Galia; Robert Bajkowski; Tori Gaudelli; Donnashekia Richard; Wayman F. Graham, II; Kevin C. Hagler, on behalf of themselves and all others similarly situated, Appellants v. Enterprise Holdings, Inc., f/k/a Enterprise Rent-A-Car Company; Enterprise Rent-A-Car Company of Pittsburgh, LLC, f/k/a Enterprise Rent-A-Car Company of Pittsburgh; Enterprise Leasing Company of Philadelphia, LLC, f/k/a Enterprise Leasing Company of Philadelphia; Enterprise Leasing Company-South Central, LLC, f/k/a Enterprise Leasing Company-South Central, Inc.; Elrac, LLC, f/k/a Elrac, Inc.; Enterprise Leasing Company of Orlando, LLC, f/k/a Enterprise Leasing Company of Orlando; Enterprise Rent-A-Car Company-Midwest, f/k/a Enterprise Rent-A-Car Company-Midwest; Enterprise Leasing Company of Chicago, LLC, f/k/a Enterprise Leasing Company of Chicago; Enterprise Rent-A-Car Company of Tennessee, LLC, f/k/a Enterprise Rent-A-Car Company of Tennessee; Enterprise Leasing Company of Florida, LLC, f/k/a Enterprise Leasing Company (a Florida Corporation); XYZ Entities 1-100.

United States Court of Appeals, Third Circuit.

Filed: June 28, 2012.


Attorney(s) appearing for the Case

Gregg I. Shavitz , Hal B. Anderson , Shavitz Law Group, Boca Raton, FL, Peter A. Muhic (Argued), James A. Maro , Kessler, Topaz, Meltzer & Check, Radnor, PA, J. Allen Schreiber , Mark Petro , Schreiber & Petro, Birmingham, AL, Alfred G. Yates, Jr. , Morrow & Morrow, Pittsburgh, PA, for Appellants.

Patrick L. Abramowich , Fox Rothschild , Pittsburgh, PA, William J. Kilberg , Jason J. Mendro , Jason C. Schwartz (Argued), Gibson, Dunn & Crutcher, Washington, DC, Daniel M. O'Keefe , James R. Wyrsch , Bryan Cave , St. Louis, MO, for Appellee.

Before: SMITH, FISHER and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

The only issue on this appeal is whether Enterprise Holdings, Inc.,1 ("Enterprise Holdings"), which is the sole stockholder of thirty eight domestic subsidiaries, is a joint employer of the subsidiaries' assistant managers within the meaning of the Fair Labor Standards Act ("FLSA"). In order to answer this question, we must define the contours of the term "joint employer."

The...

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