MARTINEZ v. PETRENKO

No. 14-2112.

792 F.3d 173 (2015)

Gabriel F. MARTINEZ, Plaintiff, Appellant, v. Victor F. PETRENKO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

July 6, 2015.


Attorney(s) appearing for the Case

Benjamin T. King , with whom Douglas, Leonard & Garvey, P.C. was on brief, for appellant.

Martha Van Oot , with whom Jackson Lewis, P.C. was on brief, for appellee.

Before HOWARD, Chief Judge, SELYA and KAYATTA, Circuit Judges.


To maintain a private action under the Fair Labor Standards Act ("FLSA" or "the Act") for a failure to pay for overtime at the mandated rate, an employee must prove a nexus to interstate commerce sufficient to trigger coverage under the Act. The employee can prove this nexus by showing that the employee engaged in commerce...

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