Jottings By An Employer's Lawyer

Sunday, May 23, 2004

Licensing Agency Not An Employer for ADEA Purposes

Deciding what it called an "important question", the First Circuit reverses a district court's determination that the Puerto Rico Ports Authority, which has the power to license harbor pilots was an employer for purposes of the ADEA. Camacho v. Puerto Rico Ports Authority (5/21/04) [pdf]. The issue arose following Hector Camacho's 70th birthday which was celebrated by the revocation of his pilot's license by the Authority, under its rule. Checking the indicia of what it takes to be an employer, the Court found the Authority fell far short of what is required. And did so with definitive language: "The sockdolager here is that the statutory power to license and regulate harbor pilots does not imbue the Authority with the level of control necessary to make it their employer for ADEA purposes."

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