You may recall that earlier this fall, a federal district court judge sitting in Michigan granted summary judgment to a group of students seeking to be paid as employees for certain “work” performed in their school’s clinic. The students were enrolled in the school’s cosmetology program. The students alleged that they should be paid a wage for performing tasks such as washing towels, restocking product, and deep cleaning. The district judge agreed with the students that they should be paid for performing those tasks because, among other things, they were outside what could reasonably be considered part of the school’s curriculum.
AACS has been closely monitoring this case in the weeks since the ruling and on November 30, 2018, AACS General Counsel Edward Cramp of Duane Morris filed a motion seeking leave to appear as amicus curiae in the case in order to present the judge with the AACS’ concerns and support the school’s request for an immediate appeal of the order. The plaintiffs’ lawyer has indicated that she will oppose the request and the judge has scheduled an additional briefing in the next few weeks. The proposed brief filed by the AACS explains the national implications of the court’s order and the importance of allowing the appeal to move forward without delay. Linked below are copies of the Association’s Motion to Leave and Amicus Curiae Brief available on the AACS website for members to review.
- Motion for Leave to File Brief Amicus Curiae.
- Amicus Curiae Brief of American Association of Cosmetology Schools in Support of Defendants’ Motions to Certify Order [Dkt. 77] for Interlocutory Appeal under 28 U.S.C. § 1292(b) and for Stay.
We will continue to monitor the case as developments arise. Look out for more updates from the AACS national office over the next several weeks and months as the case moves forward.