Sobrinio v. Med. Ctr. Visitor's Lodge, Inc., 474 F.3d 828 (5th Cir. 2007). · Go Syfert
Sobrinio v. Med. Ctr. Visitor's Lodge, Inc., 474 F.3d 828 (5th Cir. 2007). Cases Citing This Book View Copy Cite
106 citation events (106 in the last 25 years) across 11 distinct courts.
Strongest positive: Bird v. WLP Executive Protection Group, LLC (miwd, 2020-05-21)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Bird v. WLP Executive Protection Group, LLC (2×) also: Cited as authority (rule)
W.D. Mich. · 2020 · quote attribution · 1 verbatim quote · confidence high
it is the employee's burden to prove that the flsa applies to him.
cited Cited as authority (rule) Joshua Johnson v. Parks-Floyd Investments, LLC d/b/a Village Lodge
D.N.M. · 2026 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
cited Cited as authority (rule) Michael Angello v. Phoenix Health Management LLC
S.D. Tex. · 2025 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (quoting Mitchell v. H.B.
cited Cited as authority (rule) TARAZONA CARVAJAL v. MIJELUM, L.L.C.
W.D. Tex. · 2025 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007)).
cited Cited as authority (rule) Syed v. Aftex Personal Care Services, Inc.
S.D. Tex. · 2025 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
cited Cited as authority (rule) Garces v. Hernandez
W.D. Tex. · 2025 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007)).
examined Cited as authority (rule) Steen v. Maids in the USA (3×) also: Cited "see"
S.D. Tex. · 2024 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (quotation omitted).
cited Cited as authority (rule) Flores v. Amazing Grace Primary Home Care, LLC
S.D. Tex. · 2024 · confidence medium
Sobrino v. Medical Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
cited Cited as authority (rule) Shaw v. Alpha Air Heating & Air Conditioning LLC
E.D. La. · 2023 · confidence medium
Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007). 67 29 U.S.C. § 203 (s)(1)(A). 68 R.
cited Cited as authority (rule) Garza v. Mike Armstrong
S.D. Tex. · 2023 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (quoting Mitchell v. H.B.
cited Cited as authority (rule) Villagran v. La Herradura L L C
W.D. La. · 2023 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
discussed Cited as authority (rule) Moore v. MW Servicing, LLC
E.D. La. · 2023 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam). of goods for commerce, or (2) they worked for an enterprise engaged in such activity.21 Enterprise coverage applies to employers that have employees engaged in commerce or have employees handling, selling or otherwise working on goods or materials that have been moved in or produced for commerce by any person.22 The employer must also have an annual gross volume of business of at least $500,000.00.23 A covered enterprise is defined as including “related activities performed (either through unified operation or common co…
cited Cited as authority (rule) Naranjo v. Scottford Custom Home Designers and Consultants LLC
S.D. Tex. · 2023 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam)).
cited Cited as authority (rule) D'Costa v. Abacus FoodMart, Inc.
S.D. Tex. · 2023 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
cited Cited as authority (rule) D'Costa v. Abacus FoodMart, Inc.
S.D. Tex. · 2023 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
cited Cited as authority (rule) Brinkley v. Timco Logistics Systems, LLC
S.D. Tex. · 2022 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (quoting Mitchell v. H.B.
cited Cited as authority (rule) Cortes-Castillo v. One Time Construction Texas LLC
N.D. Tex. · 2022 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
cited Cited as authority (rule) Champion v. Phaselink Utility Solutions, LLC
W.D. Tex. · 2022 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
discussed Cited as authority (rule) Taylor v. HD and Associates (2×)
5th Cir. · 2022 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam). 11 Sobrino, 474 F.3d at 829 (internal quotations and citations omitted). 4 Case: 20-30815 Document: 00516434536 Page: 5 Date Filed: 08/16/2022 No. 20-30815 directly on the instrumentalities of interstate commerce, including phone and internet service, they are individually covered by the FLSA overtime protections. 12 Alternatively, HDA could be a covered enterprise under the FLSA.
cited Cited as authority (rule) Gonzales v. Bruno Inc.
E.D. La. · 2022 · confidence medium
Visitor’s Lodge, 474 F.3d 828, 829 (5th Cir. 2007)). 19 29 U.S.C. § 203 (s)(1); see Molina-Aranda v. Black-Magic Enters., L.L.C., 983 F.3d 779, 786 (5th Cir. 2020).
cited Cited as authority (rule) Naranjo v. Nick's Management Inc
N.D. Tex. · 2022 · confidence medium
Visitors Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007)).
discussed Cited as authority (rule) Fowler v. Fields (2×) also: Cited "see"
S.D. Tex. · 2022 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (Sth Cir. 2007)).
discussed Cited as authority (rule) Gonzales v. Bruno Inc.
E.D. La. · 2021 · confidence medium
Visitor’s Lodge, 474 F.3d 828, 829 (5th Cir. 2007)). 3 working on goods or materials that have been moved in or produced for commerce by any person” and (2) has at least $500,000 in “annual gross sales or business done.”12 The statute defines “commerce” as “trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.”13 In its Motion to Dismiss, Defendants contend that Plaintiffs’ Complaint merely recites the statutory definition of enterprise coverage and is thus insufficient to invoke FLSA cover…
discussed Cited as authority (rule) Jefferson v. Mike Bloomberg 2020, Inc.
N.D. Tex. · 2021 · confidence medium
For individual coverage, the Fifth Circuit has held that “engaged in commerce” requires work that is “so directly and vitally related to the functioning o[f] an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it rather than an isolated activity.” Williams v. Henagan, 595 F.3d 610, 621 (5th Cir. 2010) (quoting Sobrinio v. Medical Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
discussed Cited as authority (rule) Snow v. Mike Bloomberg 2020, Inc.
N.D. Tex. · 2021 · confidence medium
For individual coverage, the Fifth Circuit has held that “engaged in commerce” requires work that is “so directly and vitally related to the functioning o[f] an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it rather than an isolated activity.” Williams v. Henagan, 595 F.3d 610, 621 (5th Cir. 2010) (quoting Sobrinio v. Medical Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
discussed Cited as authority (rule) Hamilton v. Mike Bloomberg 2020, Inc.
N.D. Tex. · 2021 · confidence medium
For individual coverage, the Fifth Circuit has held that “engaged in commerce” requires work that is “so directly and vitally related to the functioning o[f] an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it rather than an isolated activity.” Williams v. Henagan, 595 F.3d 610, 621 (5th Cir. 2010) (quoting Sobrinio v. Medical Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
discussed Cited as authority (rule) Jones v. Univesco, Inc.
E.D. Tex. · 2021 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (citing Warren-Bradshaw Drilling Co. v. Hall, 317 U.S. 88, 90 , 63 S.Ct. 125 , 87 L.Ed. 83 (1942)).
cited Cited as authority (rule) RGV Concepts, Ltd. and New Concept, LLC v. Texas Workforce Commission and Eloy Cavazos
Tex. App. · 2021 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
cited Cited as authority (rule) Demaree v. Oriental Medicine Clinic, LLC
W.D. Tex. · 2021 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007)).
cited Cited as authority (rule) United States Of America v. Kindred Healthcare, Inc.
W.D. Tex. · 2020 · confidence medium
Visitor’s Lodge Inc., 474 F.3d 828, 830 (5th Cir. 2007).
cited Cited as authority (rule) Ventura v. Professional Frame and Home
N.D. Tex. · 2020 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam) (quoting Mitchell v. H.B.
cited Cited as authority (rule) Badon v. Reliable PCA and SIL Agency, LLC
E.D. La. · 2020 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007)).
cited Cited as authority (rule) Hebert v. Marathon Oil Company
S.D. Tex. · 2020 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam).
cited Cited as authority (rule) Platter v. G Force Cement Works, L.L.C.
S.D. Tex. · 2020 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (quoting Mitchell v. H.B.
cited Cited as authority (rule) Vela v. M&G USA Corporation
S.D. Tex. · 2020 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (citation and quotations omitted).
cited Cited as authority (rule) Barrientos v. Mikatsuki International, Inc.
W.D. Tex. · 2019 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (quoting Marshall v. Victoria Transp.
cited Cited as authority (rule) Flawn-Chopp v. Heinrichs Silver Hill Enterprises, Ltd.
W.D. Tex. · 2019 · confidence medium
Visitor’s Lodge Inc., 474 F.3d 828, 829 (5th Cir. 2007).
cited Cited as authority (rule) Dinh v. WeRunTexas, LLC d/b/a Mercy, We Run Hou, LLC d/b/a Engine Room
S.D. Tex. · 2019 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
discussed Cited as authority (rule) Biziko v. Van Horne (2×)
N.D. Tex. · 2019 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam)).
discussed Cited as authority (rule) Poole v. Dhiru Hospitality, LLC (2×)
W.D. Tex. · 2019 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam) (quoting Mitchell v. H.B.
discussed Cited as authority (rule) Armas v. St. Augustine Old Roman Catholic Church (2×) also: Cited "see, e.g."
N.D. Tex. · 2019 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007) (per curiam) (quoting Mitchell v. H.B.
discussed Cited as authority (rule) Mays v. Midnite Dreams (2×) also: Cited "see, e.g."
Neb. · 2018 · confidence medium
The court ruled “the use of a cellular phone by [the plaintiff], but not for communication between states, is strictly an intrastate activity, notwithstanding the fact that it utilizes interstate technology.”43 It reasoned that while using 38 Jian Long Li v. Li Qin Zhao, 35 F. Supp. 3d 300 (E.D.N.Y. 2014), citing Josendis, supra note 32 , and Thorne, supra note 33 . 39 Sobrinio, supra note 28 . 40 Id. 41 Id. at 829-30 (emphasis in original). 42 Jian Long Li, supra note 38 , 35 F. Supp. 3d at 308 . 43 Id. at 309 , citing Junkin v. Emerald Lawn Maint. & Landscaping, Inc., No. 04-CV-1537, 200…
cited Cited as authority (rule) Vance Anderson v. Hearts With Hope Foundation
5th Cir. · 2017 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir. 2007).
cited Cited as authority (rule) Mata v. Caring for You Home Health, Inc.
S.D. Tex. · 2015 · confidence medium
Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir.2007) (per curiam).
discussed Cited as authority (rule) Flores v. Act Event Services, Inc.
N.D. Tex. · 2014 · confidence medium
The Fifth Circuit has concluded that being “engaged in commerce” requires work that is “so directly and vitally related to the functioning o[f] an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it rather than an isolated activity.” Williams, 595 F.3d at 621 (quoting Sobrinio v. Medical Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir.2007)).
discussed Cited as authority (rule) Mendoza v. Detail Solutions, LLC
N.D. Tex. · 2012 · confidence medium
Courts in the Fifth Circuit have interpreted the “engaged in commerce” language in 29 U.S.C. §§ 206 (a)(1) and 207(a)(1) by applying a “practical test,” which looks to whether an employee’s work “is so directly and vitally related to the functioning of an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it, rather than isolated local activity.” See Sobrinio v. Medical Center Visitor’s Lodge, Inc., 474 F.3d 828, 829 (5th Cir.2007), quoting Mitchell v. H.B.
discussed Cited as authority (rule) Williams v. Henagan (2×)
5th Cir. · 2010 · confidence medium
Visitor's Lodge, Inc., 474 F.3d 828, 829 (5th Cir.2007).
discussed Cited "see" Mays v. Midnite Dreams, Inc. (2×) also: Cited "see, e.g."
Neb. · 2018 · signal: see · confidence high
See Sobrinio, supra note 28 . 29 U.S.C. § 203 (s)(1).
Retrieving the full opinion text from the archive…
Gregorio Chavez SOBRINIO, Plaintiff-Appellant,
v.
MEDICAL CENTER VISITOR’S LODGE, INC., Defendant-Appellee
06-20671.
Court of Appeals for the Fifth Circuit.
Jan 4, 2007.
474 F.3d 828
2007 U.S. App. LEXIS 111
2007 WL 14587
Albert Thomas Van Huff, Monshaugen & Van Huff, Houston, TX, for Sobrinio., Kevin D. Jewell, Barbara Elliott Roberts, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Defendant-Appellee.
Barksdale, Benavides, Davis, Per Curiam.
Cited by 77 opinions  |  Published
PER CURIAM:

Gregorio Chavez Sobrinio brought this suit against his former employer, Medical[*829] Center Visitor’s Lodge (“MCVL”). He complains that he was paid below the minimum wage and was not properly compensated for overtime, in violation of the Fair Labor Standards Act (“FLSA”). 29 U.S.C. §§ 201-19.

While MCVL disputes the substantive charges, the threshold question is whether Sobrinio is covered by the FLSA through his employment with MCVL. Sobrinio argues that he is entitled to the FLSA’s protections because he was “engaged in interstate commerce” when performing his job duties. 29 U.S.C. § 207(a). The district court disagreed and granted MCVL’s motion for summary judgment, finding that Sobrinio was not covered by, the FLSA.

We review the district court’s grant of summary judgment de novo. Fiesel v. Cherry, 294 F.3d 664, 667 (5th Cir.2002). Sobrinio’s sole challenge is to the district court’s finding that he was not “engaged in commerce” under the FLSA. This leaves Sobrinio with a relatively difficult argument under the FLSA, as “[t]he test of whether one is in commerce is obviously more exacting than the test of whether his occupation is necessary to production for commerce.” Armour & Co. v. Wantock, 323 U.S. 126, 131, 65 S.Ct. 165, 89 L.Ed. 118 (1944).

Sobrinio was a full-time employee of MCVL. MCVL is an 18-room motel that houses patients (and their families) seeking treatment at the Texas Medical Center in Houston. Sobrinio provided a variety of services. He acted as a janitor, security guard and a driver for the motel’s guests, who were often from out of town. Importantly, Sobrinio only drove the guests to and from the Texas Medical Center and nearby stores; he did not drive them to or from any airport or other interstate transportation center. See Marshall v. Victoria Transp. Co., Inc., 603 F.2d 1122 (5th Cir.1979); Airlines Transp., Inc. v. Tobin, 198 F.2d 249 (4th Cir.1952).

To determine whether these activities amount to Sobrinio being personally engaged in interstate commerce, we apply a practical test. “The test is whether the work is so directly and vitally related to the functioning of an instrumentality or facility of interstate commerce as to be, in practical effect, a part of it, rather than isolated local activity.” Mitchell v. H.B. Zachry Co., 362 U.S. 310, 324, 80 S.Ct. 739, 4 L.Ed.2d 753 (1960) (citation omitted). There is no de minimis requirement. “[A]ny regular contact with commerce, no matter how small, will result in coverage.” Marshall, 603 F.2d at 1124. It is Sobrinio’s burden to prove that the FLSA applies to him. Warren-Bradshaw Drilling Co. v. Hall, 317 U.S. 88, 90, 63 S.Ct. 125, 87 L.Ed. 83 (1942).

Given the facts that Sobrinio alleges, we agree with the district court that his activities are purely local in nature and fall outside the FLSA’s protections. Sobrinio draws attention to his activity transporting out-of-state patrons, pointing to cases finding that transporters are covered by the FLSA. See, e.g., Marshall, 603 F.2d 1122 (bus operators that transport passengers to international transportation points covered); Airlines, 198 F.2d 249 (limousine drivers contracted exclusively to take passengers to and from airport covered).

But Sobrinio relies on cases, unlike his, that involve employees transporting travelers to and from interstate and international transportation points. Those cases might control if Sobrinio transported motel patrons to and from the airport in Houston, for instance, but he makes no such allegation.

This Court has found employees engaged in commerce when “their work was entwined with a continuous stream of [interstate] travel.” Marshall, 603 F.2d at[*830] 1125 (emphasis added). Sobrinio s driving activities cannot be viewed as part of a constant stream of interstate travel, since his passengers were not in the midst of such travel. Their interstate travel terminated when they first reached the MCVL and did not start again until they ultimately departed.

That many of the motel guests were out-of-state does not alter the local quality of Sobrinio’s work. His activities took place outside the stream of travel, after MCVL guests arrived from out-of-state and before they began their departure journeys. His job description amounts to nothing more than providing local transportation for motel patrons.

Sobrinio fails to satisfy his burden of showing that he was engaged in interstate commerce, and he therefore is not entitled to the FLSA’s protections based on the facts alleged. Accordingly, we agree with the district court and AFFIRM its judgment.