19-005255
Felton J. Boyd vs.
Sport Clips, Inc.
Status: Closed
Recommended Order on Wednesday, August 12, 2020.
Recommended Order on Wednesday, August 12, 2020.
1S TATEMENT OF T HE I SSUE
8The issue to be determined is whether Respondent, Sport Clips, Inc., is
20Petitioners employer under the Flo rida Civil Rights Act of 1992,
31chapter 760, Florida Statutes (FCRA).
36P RELIMINARY S TATEMENT
40Felton J. Boyd (Mr. Boyd) filed a charge of discrimina tion with the
53Florida Commission on Human Relations (Commission) on September 24,
622018 , against Sport Clips, Inc. (SCI) under the FCRA. Mr. Boyd alleged
74that he was employed by Respondent as a hair dresser and was subjected to
88racial discrimination a nd a hostile work environment by his supe rvisor,
100Kristi Turner (Ms. Turner) . Mr. Boyd further alleged that he and his co -
115workers complained about Ms. Turner on December 13, 2017 , to their area
127manager, Cristin Kelley (Ms. Kelley) , and they were fired a fter they
139complained.
140In response to Mr. Boyds charge, the Commission issued a
150Determination: No Reasonable Cause. In doing so, the Commission found
160that the investigation did not support his allegations and more specifically,
171the investigation did not support that [Mr . Boyd] was [SCIs] employee. The
184Commission found that SCI franchises business in Florida, but does not own
196any businesses in Florida or have any control over business operations in
208Florida.
209Dissatisfied with the Commissions concl usion, Mr. Boyd filed a Petition
220for Relief challenging the Commissions dete rmination. In his Petition,
230Mr. Boyd asserted the following:
235c. During the time that Mr. Boyd was employed by
245Respondent, Mr. Boyd, an African American male, was subjected to r aci al discriminate [ sic ] by
263Ms. Turner.
265d. Specifically, Mr. Boyd was subjected to the
273following from Manager Ms. Turner:
278i. Ms. Turner required Mr. Boyd to work until close
288on Sundays despite Mr. Boyd's request to attend church on Sundays.
299ii. Ms. Turner r epeatedly and constantly criticized
307Mr. Boyd with no valid reason.
313iii. When Mr. Boyd was doing a good job,
322Ms. Turner stated ... you have proved me wrong.
333iv. Ms. Turner had told employees that she only wanted pretty little white girls working in t he
353store.
354v. Ms. Turner had requested for employees to dye
363their hair blonde or wear blonde wigs
370vi. Ms. Turner created a hostile work environment.
378e. On December 13, 2017, Mr. Boyd's co - workers
388had complained to Cristin Kelley regarding the discriminat ion by Ms. Turner to Mr. Boyd and to
405his co - workers.
409f. Ms. Kelley assured Mr. Boyd's co - workers that
419the matter would be handled; however, Mr. Boyd and his co - workers were terminated in December of
4372017 after voici ng their concerns regarding
444Ms. Turner.
446The Commission transmitted the case to DOAH to conduct all necessary
457proceedings and submit recommended findings to the Commission.
4651 The
467parties agreed to bifurcate the potential issues in the case and the undersigned agreed that the hearing would be li mited to the issue of whether
4931 Two separate Petitions for Relief involving identical parties and the same issues of fact and
509law were filed with DOAH and assigned Case Numbers 19 - 4342 and 19 - 5255, respectively.
526These cases were ordered consolidated on January 22, 2020.
535SCI is Mr. Boyds employer. All evidence at the hearing related to the
548employment relationship was accepted and considered.
554On June 8, 2020 , the parties filed a Corrected Joint Pre - h earing
568Stipulation, which in cluded eight st ipulated facts. To the extent relevant,
580those stipulated facts have been incorporated in the Findings of Fact below.
592At the hearing, the parties presented testimony of JV - SC Investments,
604LLC (JV - SC) , Managing Member Drew C. Hopper ; Petitioner Felton J.
616Boyd ; and SCI Chief Executive Officer (CEO) Gordon B. Logan (now
627retired). Joint Exhibits 1 through 5, SCIs Exhibits 1 through 6, and
639Petitioners Exhibit 2 were admitted into evidence.
646At the conclusion of the hearing, the parties indicated their inte ntion to
659order a transcript of the proceedings. The parties requested that they be
671afforded 20 days from the date of filing of the official transcript at DOAH to submit thei r proposed recommended orders. The undersigned agreed to that
697request.
698The four - vo lume hearing T ranscript was filed with DOAH on June 22,
7132020. On July 13, 2020, Respondent timely filed its P roposed R ecommended
726O rder. Petitioner did not file a proposed recommended order.
736Except where otherwise indicated, all references to the Florida S tatutes in
748this Recommended Order are to the 2019 edition.
756F INDINGS OF F ACT
761Based upon the credibility of the witnesses and evidence presented at the
773final hearing and on the entire record of this proceeding, the following Findings of Fact are made:
7901. S CI is a Texas corporation, whose sole office is located at 110 Sport
805Clips Way, Georgetown, Texas, 78628. SCIs Chief Executive Officer at the
816time of the alleged discriminatory events was Gordon B. Logan.
8262. SCI is the owner of the Sport Clips trademark s and business system.
840It licenses the Sport Clips trademarks and business system to independent
851business people. Each Sport Clips franchisee signs a franchise agreement
861under which SCI licenses its trademarks and the franchisee agrees to abide
873by certain operating rules that protect the Sport Clips trademarks and brand.
885In addition, each franchisee pays to SCI a royalty and advertising fee, as well
899as other fees.
9023. Sport Clips is a sports - themed hair - cutting salon which provides
916customers with haircuts, s hampoo, and beard trims. There are approximately
9271,800 Spor t Clips franchise stores and an additional 75 Sport Clips stores
941owned and ope rated by SCI.
9474 . SCI provides operating rules to its franchisees in a confidential
959operating manual. 2 The operating ma nual does not cover employment
970policies, employee compensation , or employee benefits. These employment
978matters are determined by the individual franchisee. Instead, the operating
988manual focuses on business operations. According to Gordon Logan, CEO of
999SCI, the company trademark [is] the essence of the business. You have to
1012have a trademark and protect that trademark in order to have a viable
1025system, one that franchisees can present in a consistent manner and the
1037public knows what to expect when they come i nto a franchise b usiness using
1052that trademark. The purpose of the procedures and specifications in the
1063operating manual is to protect the Sport Clips trademark and brand. If SCI
1076failed to enforce its trademark and brand standards, it could lose the right to use the trademark. Further, it ensures that the publics expectations are met
11022 Neither party introduced a copy of the confidential operating manual into evidence at the
1117hearing and therefore it is not part of the record of this case.
1130no matter which store they visit in the country, and protects the franchisees
1143investments in the franchise.
11475 . The procedures and specifications set forth in SCIs franchise
1158agreement and operating manual, including requiring franchisees to
1166participate in specific training, use Sport Clips uniforms , and use a particular
1178point of sales system, are typical of the franchise industry.
11886. JV - SC is a Florida Limited Liability Comp a ny managed by Drew C.
1204Hopper. JV - SCs sole corporate office is located at 708 Main Street, Houston,
1218Texas.
12197. No SCI officer, employee , or representative holds any position with
1230JV - SC , nor does any JV - SC officer, employee, or representative hold any
1245posit ion with SCI . Likewise, SCI has no ownership interest in any of Mr.
1260Hoppers Sport Clips stores or business entities, and Mr. Hopper and his
1272business entities have no ownership interest in SCI.
12808. Over the last 21 years, Mr. Hopper has been involved in app roximately
129430 Sport Clips stores as a franchisee. Through JV - SC, Mr. Hopper operates
1308eight Sport Clips franchise stores for profit in North Central Florida, including two locations in Gainesville. Mr. Ho pper hired Ms. Kelley to
1331manage the day - to - day operat ions of the Gainesville stores, and Ms. Kelley
1347hired Ms. Turner, with Mr. Hoppers approval, to manage and cut hair at one of JV - SCs Gainesville stores.
13679. JV - SC has a franchise agreement with SCI with regard to the
1381Gainesville location managed by Ms. Tur ner (Franchise Agreement). Under
1391the Franchise Agreement, SCI granted JV - SC a non - exclusive and personal
1405license to operate one unit of the Franchised Business in strict conformity with the Franchisors standards and specifications at 2231 N orthwest
142713 th Street, Suite 20, Gainesville, Florida 32608 (13th Street Location).
143810. Ms. Kelley and Ms. Turner were responsible for recruiting and hiring
1450hair stylists at the 13th Street Location. Ms. Turner was responsible for
1462supervising the stylists at the 13t h Street Location. Employees in JV - SCs
1476corporate office in Houston also handled human resources functions for
1486JV - SC. Mr. Hopper ultimately decided what to pay stylists on behalf of
1500JV - SC. JV - SC set employee expectations and Ms. Kelley and Ms. Turner
1515wer e responsible for handling employee misconduct and firing decisions at
1526the 13th Street Location. Ms. Kelley and Ms. Turner were also responsible for
1539ensuring that the 13th Street Location was properly equipped with necessary
1550tools and inventory.
155311. Mr. Bo yd was a hair stylist at the 13th Street Location. He was hired
1569by Ms. Turner on August 30, 2017 , and his rate of pay was set by JV - SC at
1588$10 per hour. When he was hired, he completed a new hire form which states
1603in bold print at the top: JV - SC Investment s LLC DBA Sport Clips FL901.
161912. Mr. Boyds employment was terminated less than three months after
1630he was hired by Ms. Turner for a violation of JV - SC policy related to a
1647customer complaint. SCI had no involvement in Mr. Boyds hiring or
1658termination of e mployment.
166213. During his employment, Mr. Boyds work schedule was established by
1673Ms. Turner and his benefits, including holidays, vacation pay , and health
1684insurance, were determined by JV - SC. If Mr. Boyd was going to be late or
1700absent from work, he neede d to contact Ms. Turner. Ms. Turner supervised
1713Mr. Boyds appearance and conduct while on duty at the 13th Street Location
1726and she conducted his performance reviews. SCI has never exercised control
1737over Mr. Boyd, including his working hours, pay, and vacat ion benefits.
174914. Mr. Boyds personnel records were created and maintained by JV - SC
1762and the records repeatedly identify JV - SC as Mr. Boyds employer. Mr. Boyds
1776paychecks and W - 2 were issued by JV - SC and make no reference to SCI.
1793Likewise, Ms. Turner and M s. Kelley were hired and paid by JV - SC and
1809JV - SC created and maintained their personnel records. SCI has no
1821employment records indicating that Mr. Boyd, Ms. Turner , or Ms. Kelley
1832were ever employed by SCI.
183715. JV - SC had an employee handbook based on a tem plate it received
1852from SCI. The handbook was modified by JV - SC and could be modified by
1867JV - SC at any time. Indeed, SCI expressly advised JV - SC to modify the form
1884handbook to ensure it complied with local laws and to reflect the business
1897practices of JV - SC .
190316. The employee handbook identifies JV - SC in bold red print on the front
1918cover and provides Sport Clips stores are independently owned and operated
1929franchises. Team Members working in franchised stores are employed by the
1940franchisee (Team Leader) and a re not employed by Sport Clips, Inc. JV - SCs
1955employee handbook was provided to its employees, including Mr. Boyd.
1965JV - SCs employee handbook required Mr. Boyd to report complaints of
1977discrimination to his manager, Ms. Turner, or if he had a complaint
1989conc erning her, to Mr. Hopper at JV - SC.
199917. Under s ection XVI of the Franchise Agreement, JV - SC acknowledges
2012and agrees that [JV - SC] is an independent business person and independent
2025contractor. Further, this s ection provides in relevant part:
2034Nothing in th e Agreement is intended to make
2043either party an agent, legal representative,
2049subsidiary, joint venturer, partner, employee or
2055servant of the other for any purpose whatsoever.
2063During the term of this Agreement, [JV - SC] shall
2073hold itself out to the public a s an independent
2083contractor operating the Franchised Business
2088pursuant to a license from [SCI] and as an authorized user of the System and the Proprietary
2105marks which are owned by [SCI]. [JV - SC] agrees to
2116take such affirmative action as may be necessary to
2125do so, including exhibiting to customers a sign provided by [SCI] in a conspicuous place on the
2142premises of the Franchised Business.
214718. In compliance with this s ection of the Franchise Agreement, JV - SC
2161posted at its 13th Street Location a sign in the fr ont of the store which states:
2178This Sport Clips store is owned and operated by JV - SC Investments, LLC an
2193independent Sport Clips franchisee.
219719. With regard to JV - SCs employees, the Franchise Agreement provides
2209that [SCI] shall not have the power to hi re, manage, compensate or fire
2223[JV - SCs] employees and it is expressly agreed that [SCI] has no employment
2237relations hip with [JV - SCs] employees. The Franchise Agreement further
2248provides:
2249Franchisees are responsible for hiring, managing
2255and compensating their employees within the laws
2262of any jurisdiction in which they operate and are
2271encouraged to consult their own legal counsel to ensure their compliance with all applicable laws. Franchisee and Franchisor recognize that
2291Franchisor neither dictates nor co ntrols labor and
2299employment matters for the Franchisee or the
2306Franchisees employees.
230820. Over the last 21 years, SCI has never told Mr. Hopper who to hire,
2323how to hire, how much [he] should hire them for, how much [he] should pay
2338[employees]. Its alway s been up to [him].
234621. With regard to JV - SCs funds and store premises, the Franchise
2359Agreement provides [e]xcept as herein expressly provided, [SCI] may not
2369control or have access to [JV - SCs] funds or the premises of the Franchised
2384Business, or in any other way exercise dominion or control over the
2396Franchised Business. SCI has no control or ownership interest over JV - SCs
2409bank accounts, set up by Mr. Hopper; SCI is only authorized to withdraw from the accounts the specific royalties and fees set forth in the Franchise
2435Agreement. Proceeds from the sales at the 13th Street Location are deposited into JV - SCs bank account.
245322. SCI does not lease or own the property at the 13th Street Location or
2468any of the 23 locations Mr. Hopper franchises from SCI. JV - SC leases the
2483property from a third party. SCI does not own any real estate in common
2497with or lease any property to Mr. Hopper or his related business entities.
2510C ONCLUSIONS OF L AW
251523. DOAH has jurisdiction over the parties and the subject matter of this
2528ca se pursuant to sections 120.569 and 120.57(1), Florida Statutes.
253824. The FCRA prohibits an employer from discriminat[ing] against any
2548individual with respect to compensation, terms, conditions, or privileges of
2558employment, because of such individuals r ace and retaliating against any
2569person because that person has opposed any practice which is an unlawful
2581employment practice under this section. § 760.10(1)(a) and (7), Fla. Stat.
259225. The Commissions enforcement authority as to employment
2600discriminatio n and retaliation is limited to acts committed by an employer
2612as defined by s ection 760.02(7):
2618Employer means any person employing 15 or
2625more employees for each working day in each of 20
2635or more calendar weeks in the current or preceding
2644calendar year, and any agent of such a person.
265326. FCRAs definition of employer corresponds to the definition of
2663employer found in Title VII of the Civil Rights Act of 1964 (Title VII) at 42
2679U.S.C. § 2000e(b), which provides in relevant part:
2687The term employer m eans a person engaged in an
2697industry affecting commerce who has fifteen or
2704more employees for each working day in each of
2713twenty or more calendar weeks in the current or
2722preceding calendar year, and any agent of such a
2731person . . .
273527. Because the FCRA wa s modeled on Title VII, Florida courts have
2748determined that federal case law interpreting Title VII applies when a court is called upon to construe the FCRA. See Valenzuela v. GlobeGround N . Am . ,
2775LLC , 18 So. 3d 17, 21 (Fla. 3d 2009); Fla. State Univ. v. So ndel , 685 So. 2d
2793923, 925 (Fla. 1st DCA 1996); Fla. Dept of Cmty. Affairs v. Bryant , 586 So. 2d
28091205, 1209 (Fla. 1st DCA 1991).
281528. Petitioner has the burden of proving by a preponderance of evidence
2827that Respondent is his employer under the FCRA. See S ondel , 685 So. 2d at
2842926 - 929; Fla. Dep't of Transp. v. J.W.C. Co. Inc. , 396 So. 2d 778, 788 - 89 (Fla.
28611st DCA 1981).
286429. In this case, Petitioner named SCI as the sole Respondent in this
2877proceeding, allegin g that SCI was his employer . SCI, a franchisor wi th its
2893only office in Texas, denied that it was Petitioners employer and submitted
2905evidence that its franchisee, JV - SC, a Florida company, was Petitioners
2917employer.
291830. In determining whether two entities, SCI and JV - SC in this instance,
2932should both be v iewed as an employer , they must by extension of Title VII
2948case law meet the s ingle or joint employer test. Joint employment is
2961primarily a factual issue. Supervision of day - to - day activities, authority to
2975hire or fire, promulgation of work rules, and a uthority to make work
2988assignments can all be indicia of a joint employment relationship. Holyoke Visiting Nurses Ass'n v. NLRB , 11 F.3d 302, 306 (1st Cir. 1993). The record in
3014this cause does not prove the existence of any of these factors.
302631. DOAH admini strative law judges have routinely applied the single or
3038joint employer test in cases involving the question of whether the Respondent is Petitioners employer under the FCRA. See Harrison v. The
3060MG Herring Group, Inc. , Case No. 17 - 5067 (Fla. DOAH May 11, 2018; Fla.
3075FCHR July 19, 2018); Moss v. HCA, Inc. , Case No. 11 - 3983 (Fla. DOAH
3090Oct. 2, 2012; Fla. FCHR Dec. 19, 2012); Winsor v. Pathway Technologies,
3102LLC , Case No. 10 - 1830 (Fla. DOAH May 5, 2011; Fla. FCHR July 14, 2011).
311832. The predominant trend i n determining whether two businesses
3128should be treated as a single or joint employer under § 2000e(b) is to apply the standards promulgated by the National Labor Relations Board (NLRB).
3153The NLRB factors include: (1) interrelation of operations, (2) central ized
3164control of labor relations, (3) common management, and (4) common
3174ownership or financial control. The showing required to warrant a finding of
3186single employer status has been described as highly integrated with respect
3197to ownership and operations. McKenzie v. Davenport - Harris Funeral Home ,
3208834 F. 2d 930, 933 (11th Cir. 1987)(internal citations omitted).
321833. Application of the McKenzie criteria to the facts in the instant case
3231does not lead to the conclusion that SCI and JV - SC were highly integrated
3246in their ownership and operations.
325134. In terms of the first factor, interrelation of operations, courts consider
3263whether the two entities have common offices, common record keeping,
3273shared bank accounts and equipment. Gray v. McDonald's USA, LLC , 874 F .
3286Supp. 2d 743, 750 (W.D. Tenn. 2012)(internal quotations omitted). In the
3297instant case, there is no evidence indicating interrelation of operations.
3307Rather, the undisputed evidence established that SCI and JV - SC operated
3319wholly independent corporate offic es and SCI did not own or lease any
3332property with JV - SC, including the 13th Street Location. At all relevant
3345times, JV - SC maintained its own records, including personnel records for
3357Petitioner and his managers. JV - SC owned and operated its bank accounts at
3371Wells Fargo, with SCI only being authorized to debit specific royalties and
3383fees due to it under the Franchise Agreement. JV - SC supplied its own
3397equipment for its stores, including the 13th Street Location, albeit with
3408equipment that met the standards and specifications set forth by SCI.
341935. In terms of the second factor, JV - SC controlled its own labor relations.
3434JV - SC hired and fired its own em ployees, including Petitioner. JV - SC also
3450managed its own payroll, including issuing paychecks to Mr. Boyd ; set h ours
3463of work and rates of pay for its employees, including Mr. Boyd ; and had its
3478own employees, including Manager Ms. Turner and Area Manager Ms. Kelley, who supervised employees, including Mr. Boyd, and performed
3497other human resource functions. Although t here is evidence that SCI
3508provided training to JV - SC managers and employees from time to time, no
3522evidence indicates SCI maintained or exercised the ability to hire, manage,
3533compensate , or fire JV - SC employees. The Franchise Agreement expressly
3544prohibits i t, and there is no evidence SCI had any involvement in the hiring,
3559managing, compensating , or firing of Petitioner or his managers.
356836. While the Franchise Agreement imposes a number of obligations on
3579JV - SC, these obligations relate to ensuring franchisees honor the Sport Clips
3592business system to protect the Sport Clips trademark and business, not
3603personnel management. One federal court found in a discrimination case
3613against a franchisor, McDonalds, [a]ny directives relating to personnel management includ ing obligating franchisees to employ adequate personnel
3632so as to operate the Restaurant at its maximum capacity and efficiency and
3645to ensure all employees wear uniforms, present a neat and clean appearance,
3657and render competent and courteous service are far too general to
3669constitute control rising to the level of employment. Id. Likewise, SCIs
3680typical franchise requirements related to employing a full - time, trained
3691manager ; proper staffing levels ; Sport Clips uniforms ; and method for serving
3702customers a re far too general to constitute control rising to the level of
3716employment.
371737. With regard to the third factor, no evidence indicates SCI and JV - SC
3732shared common management. Both entities have different officers and
3741executives involved with operating thei r businesses. It is undisputed that
3752JV - SC had its own managers, Ms. Kelley and Ms. Turner, both of whom were
3768hired by Mr. Hopper. Although SCI employs inspectors to inspect Sport Clips
3780stores to ensure compliance with the Sport Clips system (an inspection
3791Petitioner experienced only once during his employment and which had
3801nothing to do with his termination of employment), this minimal supervision is insufficient as a matter of law to rise to the level of common management.
3827See I d.
383038. Finally, the fourth factor as to whether the two entities share
3842common ownership and financial control is not met [i]f neither of the
3854entities is a sham. Id. It is undisputed that neither SCI nor JV - SC is a sham
3872entity. SCI is therefore not Mr. Boyds employer under the single or joint
3885employer test.
388739 . It is undi sputed that SCI did not set Mr. Boyds wage rate, select the
3904benefit plans he could participate in, determine his work hours , or terminate
3916his employment. Instead, only JV - SC had substantial and direct control o ver
3930Mr. Boyds terms and conditions of employment. Furthermore, requiring certain store hours, training, a full - time manager, and conducting sporadic
3951inspections to ensure franchised businesses were meeting standards are
3960insufficient under the rule to prov e SCI was a joint employer.
39724 0 . Petitioner relies on Del Pilar v. DHL Global Customer Solutions
3985(USA), Inc. , 993 So. 2d 142 (Fla. 1st DCA 2008), Parker v. Dominos Pizza,
3999Inc. , 629 So. 2d 1026 (Fla. 4th DCA 1993), Kane Furniture Corp. v. Miranda ,
4013506 So. 2 d 1061 (Fla. 2d DCA 1987), and Nazworth v. Swire Florida, Inc. , 486
4029So. 2d 637 (Fla. 1st DCA 1986), to argue SCI is liable as Boyds employer because as a franchisor, SCI had the right to control the means to be used by
4060its franchisee, JV - SC.
40653 However, thi s case law is inapplicable to the instant
4076case in which Petitioner must prove SCI was his employer to impose liability
4089under the FCRA, as these cases all involve plaintiffs injured in car accidents
4102seeking to hold defendants liable in tort under a theory o f vicarious liability. Further, all of the cases cited by Petitioner involve third - party plaintiffs who
4130have no previous relationship with the defendants. Those cases therefore focus on appearances as an indicator of agency because they involve plaintiffs
4152who relied on the appearance of agency arguably because they had no other
4165knowledge of the actual relationship between the franchisee and the
4175franchisor. Gray , 874 F. Supp. 2d at 752. In this case, Petitioner had an
4189employment relationship with JV - SC, a franchisee, which he had knowledge
4201of given his personnel and payroll records, as well as the conspicuous signage
42143 Petitioners Motion for Summary Final Order, filed December 9, 2019.
4225posted at the 13th Street Location and employee handbook informing him of
4237this fact.
42394 1 . In any event, the Parker, Kane Furniture, and Nazwort h cases were
4254effectively superseded by the Florida Supreme Court in Mobile Oil
4264Corporation v. Bransford , 648 So. 2d 119 (1995), which held that the simple
4277existence of a franchise agreement between a franchisor and a franchisee is
4289insufficient as a matter of law to establish vicarious liability of the franchisor.
43024 2 . A demonstration that Respondent was an employer as defined in
4315s ection 760.02(7) is an essential, threshold element of Petitioners prima facie
4327case of employment discrimination. See Arbaugh v . Y&H Corp. , 546 U.S. 500,
4340516 (2006). Petitioners evidence was insufficient as a matter of law to
4352establish that SCI was his employer. Therefore, Petitioner has failed to prove
4364a prima facie case of unlawful employment discrimination.
4372R ECOMMENDATION
4374Bas ed upon the foregoing Findings of Fact and Conclusions of Law, the
4387undersigned hereby RECOMMENDS that the Florida Commission on Human
4396Relations issue a final order finding that Petitioner failed to prove that Sport
4409Clips, Inc. is an employer pursuant to s ection 760.02(7) , Florida Statute ,
4421and dismissing the Petitions for Relief filed in these consolidated cases.
4432D ONE A ND E NTERED this 12 th day of August , 2020 , in Tallahassee, Leon
4448County, Florida.
4450W. D AVID W ATKINS
4455Administrative Law Judge
4458Division of Administrative Hearings
4462The DeSoto Building
44651230 Apalachee Parkway
4468Tallahassee, Florida 32399 - 3060
4473(850) 488 - 9675
4477Fax Filing (850) 921 - 6847
4483www.doah.state.fl.us
4484Filed with the Clerk of the
4490Division of Administrative Hearings
4494this 12 th day of August , 202 0 .
4503C OPIES F URNISHED :
4508Tammy S. Barton, Agency Clerk
4513Florida Commission on Human Relations
4518Room 110
45204075 Esplanade Way
4523Tallahassee, Florida 32399 - 7020
4528(eServed)
4529Robert W. Bauer, Esquire
4533Bauer Law Group, P.A.
4537Suite B
45393721 Northwest 40th Terrace
4543Gainesvil le, Florida 32606
4547(eServed)
4548Deborah L. Taylor, Esquire
4552SportsClips, Inc.
4554Suite 1200
45563730 Kirby Drive
4559Houston, Texas 77098
4562Stephanie M. Marchman, Esquire
4566GrayRobinson, P.A.
4568Suite 106
4570720 Southwest 2nd Avenue
4574Gainesville, Florida 32601 - 6250
4579(eServed)
4580Maria Perez Youngblood, Esquire
4584Law Office of Robert W. Bauer, P.A.
4591Suite B
45933721 Northwest 40th Terrace
4597Gainesville, Florida 32606
4600Cheyanne Costilla, General Counsel
4604Florida Commission on Human Relations
46094075 Esplanade Way, Room 110
4614Tallahassee, Florida 32399 - 7020
4619(eServed)
4620N OTICE OF R IGHT T O S UBMIT E XCEPTIONS
4631All parties have the right to submit written exceptions within 15 days from
4644the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this
4670case.
- Date
- Proceedings
- PDF:
- Date: 04/01/2022
- Proceedings: Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practices filed.
- PDF:
- Date: 08/12/2020
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- PDF:
- Date: 08/12/2020
- Proceedings: Recommended Order (hearing held June 9 and 10, 2020). CASE CLOSED.
- Date: 06/22/2020
- Proceedings: Transcript of Proceedings (not available for viewing) filed.
- Date: 06/15/2020
- Proceedings: Respondent's Proposed Exhibit 6 filed (exhibits not available for viewing).
- Date: 06/09/2020
- Proceedings: CASE STATUS: Hearing Held.
- Date: 06/08/2020
- Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 06/08/2020
- Proceedings: Sport Clips, Inc.'s Notice of Confidential Information within DOAH Filing and Motion to Determine Confidentiality of Records, Remove Incorrectly Filed Joint Pre-Hearing Statement, and Accept Corrected Joint Pre-Hearing Statement (Motion to Determine Confidentiality of Records) filed.
- Date: 06/05/2020
- Proceedings: Respondent's Proposed Exhibit 5 filed (exhibits not available for viewing).
- Date: 06/05/2020
- Proceedings: Joint Pre-Hearing Stipulation filed (confidential information; not available for viewing). Confidential document; not available for viewing.
- PDF:
- Date: 06/05/2020
- Proceedings: Petitioner's Response to Respondent Sport Clips, Inc.'s First Request to Produce to Petitioner Felton J. Boyd filed.
- Date: 06/05/2020
- Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
- Date: 06/05/2020
- Proceedings: Joint and Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 05/29/2020
- Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for June 9 and 10, 2020; 9:00 a.m.; Gainesville; amended as to Type).
- Date: 05/28/2020
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 05/27/2020
- Proceedings: Notice of Telephonic Pre-hearing Conference (set for May 28, 2020; 3:00 p.m.).
- PDF:
- Date: 05/18/2020
- Proceedings: Joint Motion for Extension of Time to File Joint Status Report filed.
- PDF:
- Date: 05/08/2020
- Proceedings: Respondent Sport Clips, Inc.'s First Request to Produce to Petitioner Felton J. Boyd filed.
- PDF:
- Date: 03/10/2020
- Proceedings: Notice of Taking Deposition (Corporate Representative, Sport Clips, Inc.) filed.
- PDF:
- Date: 02/27/2020
- Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for June 9 and 10, 2020; 9:00 a.m.; Gainesville).
Case Information
- Judge:
- W. DAVID WATKINS
- Date Filed:
- 10/03/2019
- Date Assignment:
- 10/03/2019
- Last Docket Entry:
- 04/01/2022
- Location:
- Gainesville, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Tammy S Barton, Agency Clerk
Address of Record -
Deborah L. Taylor, Esquire
Address of Record -
Maria Perez Youngblood, Esquire
Address of Record