Garcia v. American Furniture Co‪.‬

Richard Garcia was coach and manager of a softball team. On Sunday, April 4, 1982, Richard left home about 12:30 p.m. and returned about 5:30 p.m. During this period he was driven to a practice field; the team practiced about two hours; after practice new uniforms were distributed and some of the team members went to a Pizza Hut; and Richard was returned to his home. There is an inference from the evidence that Richard died during the evening of April 4, 1982. Plaintiff, as personal representative of Richards estate, sued under New Mexicos Minimum Wage Act. NMSA 1978, §§ 50-4-20 through -30 (Orig. Pamp. and Cum. Supp.1984). The complaint sought payment for six hours of "work" in connection with team activities on April 4, 1982, liquidated damages and attorney fees. Section 50-4-26. The trial court ruled against plaintiff at the close of plaintiffs case; plaintiff appealed. We discuss: (1) dismissal at the close of plaintiffs case, and (2) the meaning of employment under the Minimum Wage Act.