The Fair Labor Standards Act (“FLSA”) is a federal law protecting employees overtime and minimum wage rights, which means it does not apply to every job automatically. For a federal law to apply, your work must connect to interstate commerce in some way. That phrase feels intimidating, almost like it belongs in a long-forgotten civics lesson, but it simply means this: if your work crosses state lines in any form, even through a phone call or an email, you may be protected by federal wage and hour rules. If there is no interstate link, an employer may argue that the FLSA does not cover you, and that argument is the golden ticket many employers cling to when they want to avoid paying overtime.
This is where employees get caught off guard. A worker thinks, “I never left the state. I just showed up and did my job.” Yet the FLSA does not care whether your physical body traveled across state borders. It cares where your work traveled. A single phone call to someone outside Florida can be enough. A text message to a manager living in another state can be enough. Employers understand this nuance very well. They hope employees do not.
This exact issue took center stage in Hearns v. MEJ Plumbing, LLC, 2025 WL 3458968. The employees worked entirely in Florida as plumbers and office staff, but their daily work tied them to other states. Their manager, Jason Cohen, lived in New York and supervised them through constant calls, emails, and texts. They also performed plumbing work for facilities-management companies based in New York and Georgia, whose clients included national companies such as Wal-Mart, Tesla, and Walgreens. When the employer convinced the district court that these workers were not covered by federal employment law, their wage theft and overtime claims collapsed.
But the United States Court of Appeals for the Eleventh Circuit held that the district court applied the incorrect legal standard. The Eleventh Circuit Court of Appeals held that the employees raised a genuine factual dispute about whether they were “engaged in commerce,” which meant the employees deserved their day before a jury. The reversal restored their chance to pursue unpaid overtime and minimum wage claims.
This case offers critical lessons for any employee dealing with overtime, wage theft, or employer abuse. Understanding the importance of interstate commerce can make the difference between protection and vulnerability.
Can Interstate Calls And Texts Prove That I Am Entitled To Overtime Pay?
Employees often believe that they must travel across the country like characters in a road-trip movie to qualify for federal employment law protection. Employers take advantage of that misunderstanding. But the FLSA focuses on the economic reality of your work, not your travel itinerary. If your work crosses state lines through communication or coordination, you may be covered.
In Hearns, the plumbers worked entirely in Florida. Yet their manager, Cohen, supervised them from New York through daily calls, texts, and emails. The Eleventh Circuit Court of Appeals held that these were “communication[s] … between any State and any place outside thereof” under 29 U.S.C. § 203(b). That matters because the FLSA protects employees who are “engaged in commerce” under 29 U.S.C. § 207(a)(1). The Court held that this interstate communication created a factual issue that should not have been cut off at summary judgment.
The Court relied on its holding in St. Elien v. All County Environmental Services, where an employee who made out-of-state calls three to five times per week was considered engaged in commerce. Hearns reported the same number of weekly calls to out-of-state companies, while the other plumbers reported regular calls as part of their duties. The Eleventh Circuit Court of Appeals held that these interactions fell within the FLSA’s definition of commerce.
The employer attempted to claim that these communications were too insignificant to matter. The Court held otherwise. The Court held that regular interstate communication, even short work-related texts or calls, can satisfy the statutory requirement. The employee’s work did the traveling, even if the employee did not.
Practical Tip: Keep a record of every work-related communication with anyone outside your state. These records can help prove that your employer owes you overtime under federal law.
Best Overtime Pay Lawyer Blogs on Point:
- Can My Employer Refuse To Pay Me Overtime Because I’m Paid A Salary?
- Time Waits for No One—FLSA Deadlines for Wage Theft & Overtime Claims
- What Does My Employer Have to Prove to Deny Me Overtime Pay?
What Evidence Should I Gather To Show I Worked In Interstate Commerce?
One of the clearest lessons from Hearns is that employees do not need exotic evidence or corporate spy-level documentation to show that they engaged in interstate commerce. They need everyday proof of what their job actually involved. The Eleventh Circuit Court of Appeals held that the plumbers created a factual dispute because they provided sworn statements showing the nature of their interstate interactions and the companies they served. That blueprint can help any employee experiencing wage theft or unpaid overtime.
Begin with evidence of who your work serves. In Hearns, the plumbers performed work for facilities-management companies based in New York and Georgia. The Court held that this relationship supported federal FLSA coverage because it connected their work to entities located outside the state. If your job involves work for businesses headquartered elsewhere, save your work orders, dispatch logs, service tickets, or digital job assignments that list out-of-state companies.
Next, gather internal documents showing how your role supports out-of-state decisionmakers. Dos Santos, the office worker, provided onboarding and operational support to leadership located in other states. The Court held that this may have constituted engagement in commerce. Evidence such as training materials, system instructions, or communication records showing interaction with out-of-state supervisors can help establish your connection to interstate operations.
Regularity matters as well. A single stray call may not establish coverage, but a consistent pattern can. The Eleventh Circuit Court of Appeals held that the plumbers communicated with out-of-state entities “regularly,” and that regularity created a genuine factual issue. A simple work journal, a weekly summary, or a list of recurring interstate tasks can demonstrate the required pattern.
Practical Tip: Evidence does not need to be dramatic. Save work orders, internal instructions, onboarding materials, and any documents that show your work involved out-of-state companies. Small pieces of documentation can create a powerful picture under federal employment law.
Best FLSA Attorney Blogs on Point:
- Are Nannies, Butlers & Maids Entitled To Overtime Pay?
- Can My Job Cut My Regular Pay Rate To Avoid Paying Overtime?
- Most But Not All Employees Are Entitled To Overtime
Does A Summary Judgment Loss Mean My Wage Theft Case Is Over?
Employees often feel defeated when a judge grants summary judgment against them. It feels abrupt, final, and unfair. But a summary judgment ruling is not the end of the story. Employment law gives appellate courts the power to correct district courts that misapply legal standards.
In Hearns, the district court concluded that the employees were not covered by the FLSA and granted summary judgment to the employer. The employees appealed. The Eleventh Circuit Court of Appeals held that the district court applied the wrong legal standard, because the evidence showed a genuine factual dispute about interstate commerce. The Court held that the denial of reconsideration had to be vacated because it relied on the same incorrect approach.
This reversal carries an important lesson: a loss at summary judgment does not mean the employee did anything wrong. It can mean the court misunderstood the law. Wage and hour cases involve complex statutes, and employers often push interpretations designed to limit employee rights. When an appellate court restores the proper legal standard, the employee regains the opportunity to pursue justice.
Wage theft cases often involve employers with deep pockets and aggressive legal teams. Employees should not assume that an early loss means the case lacks merit. The Hearns decision shows that employees can win on appeal and continue fighting for overtime and minimum wage protections.
Practical Tip: If your case is dismissed early, consult a lawyer. An appeal may revive your wage and hour claim and return your case to the courtroom where it belongs.
Best Wage Theft Law Firm Blogs on Point:
- Is Overtime Only For Low And Middle Income Employees?
- There’s $4 Billion In Overtime Wage Theft Every Year – How Much Of That Is Yours
- Is It Illegal For My Job Not To Pay Me Overtime?
Why Should I Hire An Attorney For My FLSA Overtime Or Wage Theft Case?
Employees dealing with wage theft, unpaid overtime, or difficult employer tactics often need help navigating employment law. Many employees look for the best representation they can find when an employer refuses to pay legally required wages. Spitz, The Employee’s Law Firm is one of the largest law firms in the United States dedicated exclusively to employee rights. That scope means more resources, more experienced lawyers, and a deeper understanding of how employers operate. This focus allows the firm to provide the best representation to employees who need a lawyer who understands FLSA disputes thoroughly and who can guide them through complex wage and hour problems.
A free initial consultation and a no fee guarantee allow employees to pursue legal protection without fear of financial consequences. The firm has extensive trial experience, a history of strong results, and a reputation for empathy that helps clients feel supported during challenging moments. When an employer violates wage and hour law, a dedicated attorney can transform a complicated dispute into a clear path forward. Employees deserve a lawyer who understands how wage theft happens and how to fight it effectively under employment law.
If you believe your employer has denied you overtime or violated the FLSA, contact Spitz for a consultation. Speaking with an employment law attorney can be the best step toward recovering the pay you are owed.
Employment Lawyer Disclaimer
This employee pay blog provides general information about FLSA rights, overtime issues, wage and hour protections, wage theft concerns, and employment law topics important to any employee facing a difficult employer. It is not legal advice. You should consult with a qualified employment lawyer or employment law attorney for guidance about your specific situation. No promises are being made about outcomes. This blog is a legal advertisement and does not create an attorney-client relationship. Every employee should understand that an employer may dispute these rights, which is why speaking with the best attorney or lawyer for wage and hour and FLSA matters is essential.