Missouri Court of Appeals, Western District / Dec 17, 2019
Willie Vance vs. Don Johnson
Willie Vance sued Don Johnson and A-1 Cabling LLC for unpaid wages under the Fair Labor Standards Act and Missouri's minimum wage laws. The trial court granted Johnson's motion to strike him as a party, which it ultimately treated as a final judgment on the merits, concluding Johnson was not individually liable. The appellate court reversed, holding that based on the "economic realities" test and Johnson's own testimony, he was a statutory employer. The case was remanded for further proceedings to determine damages.