Benjamin v. B&H Education, Inc.
United States Court of Appeals for the Ninth Circuit
877 F.3d 1139 (2017)
- Written by Robert Cane, JD
Facts
Jacqueline Benjamin, Taiwo Koyejo, and Bryan Gonzalez (plaintiffs) were cosmetology students of the Marinello Schools of Beauty, which were operated by B&H Education, Incorporated (Marinello) (defendant). Marinello provided classroom instruction and clinical experience for its students as required by state licensing laws. Students practiced both cosmetology skills, such as hairdressing, and noncosmetology skills, such as cleaning and customer service. The state licensing exams tested for cosmetology skills and sanitation or cleaning knowledge. The students were not paid for their work, which the students understood before commencing clinical work. The students worked only the number of hours that licensing requirements commanded. Marinello maintained paid staff to handle much of the noncosmetology work. Students were not promised employment with Marinello. The three students filed a class-action complaint in the district court, claiming they should be regarded as employees under the Fair Labor Standards Act (FLSA) and state law. Both sides filed motions for summary judgment. The district court granted Marinello’s motion for summary judgment. The three students appealed to the United States Court of Appeals for the Ninth Circuit.
Rule of Law
Issue
Holding and Reasoning (Schroeder, J.)
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