United States District Court, S.D. Florida, Miami Division
ORDER DENYING DEFENDANTS' RENEWED MOTION FOR
LAWRENCE KING, Judge
MATTER comes before the Court upon Defendants TRIANGLE FIRE,
INC., RAQUEL CANO, and ORLANDO ALFONSO'S Renewed Motion
for Summary Judgment (DE 56), filed with leave of
Court. The Court has additionally considered
Plaintiffs Response in Opposition to the Motion (DE 57).
the instant motion, Defendants seek to establish the
applicability of the "retail or service
establishment" exemption of the Fair Labor Standards Act
("FLSA") to Plaintiffs FLSA claim and to be awarded
summary judgment on that basis. Plaintiff opposes the motion,
arguing the undisputed facts fail to show by clear and
affirmative evidence that Defendant is entitled to claim the
following material facts are undisputed:
Fire is a Florida corporation headquartered in Miami-Dade
County, Florida. Triangle Fire is in the business of
servicing and inspecting commercial fire suppression systems
and fire extinguishers, primarily at customers' business
locations. Raquel Cano and Orlando Alfonso are corporate
officers of, and exercised operational control over the
activities of, Triangle Fire. At all times material to the
above-styled action, Osvaldo Lopez was a service technician
working for Triangle Fire on a commission basis. Lopez's
job duties included inspecting fire suppression systems and
inspecting and servicing fire extinguishers.
Fire sells fire extinguishers to the general public and to
businesses from its brick-and-mortar location in Miami-Dade
County, in-person at customers' places of business, and
over the internet through its website. Triangle fire also
sells "kitchen hood [fire suppression] systems" and
"computer room [fire suppression] systems" to both
businesses and homeowners. Triangle Fire also services fire
extinguishers and fire suppression systems, although it does
not do so pursuant to maintenance contracts. It is undisputed
that over seventy-five percent of the goods and services
Triangle Fire sells are not for resale.
Fire sells the following fire extinguishers:
1) "ABC or Multi-Purpose extinguishers" which
"utilize a specially fluidized and siliconized mono
ammonium phosphate dry chemical" to "chemically
insulate Class A fires by melting at approximately
350°F and coat surfaces to which it is applied"
and can also "smother and break the chain reaction
of Class B fires . . . ." DE 56-2 at 5-6.
2) Carbon Dioxide extinguishers which "discharge[ carbon
dioxide] as a white cloud of 'snow' which smothers a
fire by eliminating its oxygen" and is "effective
for Class B flammable liquid fires and is electrically
non-conducive." Id. at 9.
3) "Clean Agent Fire Extinguishers [which] are intended
for the protection of facilities traditionally protected by
Halon 1211 ... [such as] Computer Centers, Data/Document
Storage Areas, Communications Facilities, Control Rooms,
Electronics Manufacturing, Museums, Art Galleries, Historical
Collections, [and] Laboratories." Id. at 12-13.
4) "Wet Chemical Fire Extinguishers [which] are the best
for common restaurant & kitchen fire hazards [and]
contain a special potassium acetate based, low PH agent
developed for use in pre-engineered restaurant kitchen
systems." Id. at 16.
5) Class D fire extinguishers for use on high-temperature
chemical fires often caused by combustible ...