Class Action Claims ‘Volunteers’ at Tampa Sports Authority Golf Courses Owed Unpaid Wages
by Erin Shaak
Poor et al. v. Tampa Sports Authority
Filed: February 10, 2021 ◆§ 8:21-cv-00317
A lawsuit claims employees at Tampa Sports Authority golf courses were improperly classified as “volunteers” and paid only “discounted golf privileges.”
Florida
A proposed class action claims employees at three Tampa Sports Authority golf courses were improperly classified as “volunteers” and paid only “discounted golf privileges” instead of wages.
According to the lawsuit, the defendant’s pay practices violate the federal Fair Labor Standards Act (FLSA) and Florida Minimum Wage Act (FMWA) in that workers have not received at least the proper minimum wage for all hours worked.
Tampa Sports Authority operates three public golf courses—Babe Zaharias Golf Course, Rocky Point Golf Course and Rogers Park Golf Course—in Tampa, Florida. Per the case, the two plaintiffs worked as starters and rangers at the defendant’s Babe Zaharias Golf Course and also performed maintenance duties.
One plaintiff says he was previously paid for his services until October 2014, when the defendant reclassified starters and rangers as “volunteers” who would no longer receive wages and instead be provided with one round of golf at a discounted price for every four hours worked. Per the case, the plaintiff already received discounted golf privileges since he was considered a “vested employee” due to his tenure with the company.
According to the lawsuit, the plaintiffs and other starters and rangers across the defendant’s three golf courses were not paid at least the minimum wage for all hours worked, in accordance with federal and state law. The case argues that volunteers’ duties were “vital and necessary” to the operation of Tampa Sports Authority’s business, which is operated as a for-profit entity in competition with non-publicly owned golf courses in Hillsborough and Pinellas Counties.
By classifying its workers as volunteers, the defendant is able to obtain “free labor” while its competitors pay employees for performing the same duties, the lawsuit avers. Per the case, Tampa Sports Authority’s conduct demonstrates “a widespread pattern and practice” of avoiding its obligation to properly pay workers in accordance with federal and state law.
“Defendant’s actions were willful, and showed reckless disregard for the provisions of the FLSA and the FMWA,” the complaint scathes.
According to the suit, both plaintiffs received notice from the U.S. Department of Labor that, based on its investigation, the defendant owes the workers unpaid minimum wages.
The lawsuit was filed on the heels of a similar case against Palm Beach County, Florida over its apparent failure to pay “volunteers” at its golf courses and teaching facility.
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