L AW R EV I EW
In the case, Adams v. Palm Beach County, Plaintiffs allege they are entitled to minimum wage payments under state and federal law.
Public Golf Course Volunteers Make Minimum Wage Claim By James C. Kozlowski, J.D., Ph.D.
I
n the case of Adams v. Palm Beach County, 2021 U.S. Dist. LEXIS 191114 a (S.D. Fla. 10/4/2021), Plaintiffs were golf course attendants at the Osprey Point Golf Course operated by Palm Beach County, Florida (the County). As part of that arrangement, they were permitted to play golf for reduced greens fees. Plaintiffs alleged that they were employees of Palm Beach County and, therefore, entitled to minimum wage payments under state and federal law. Separately, Plaintiff Gerald Kasmere alleged that he suffered employment retaliation after he complained about not receiving minimum wages. In response, the County filed a motion to dismiss Plaintiffs’ lawsuit. In so doing, the County argued that the Plaintiffs fell within an exception to the minimum wage laws for public agency volunteers.
Facts of the Case The County solicited golf course volunteers through the website for its parks and recreation department. The posting for Osprey Point stated: This is a high volume 27-hole golf facility that opened in 2010. 28
Parks & Recreation
The course is the first in Florida to receive Audubon Certified Classic Sanctuary status. Volunteers serve as course rangers, driving range attendants and bag drop attendants. Hours vary. Nights and weekends preferred. Osprey Point
| J A N UA RY 2 02 2 | PA R K S A N D R E C R E AT I O N .O R G
volunteers enjoy being outdoors, getting to know others with similar interests and reduced fees to play and practice golf. The website further stated in red print: “This site doesn’t provide court ordered volunteer hours.” The website also indicated “an unlimited number of volunteers are needed” and “Osprey Point volunteers enjoy reduced fees to play and practice golf.” Plaintiffs performed work at the direction of, and for the benefit of, the County at the Osprey Point Golf Club. They performed duties as assigned by management, including being a cart attendant, ranger, ranger assistant and range ball picker. They were required to
