What happened
On December 5, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a published opinion in Villarino v. Pacesetter Personnel Service, Inc., No. 23-10645. The Eleventh Circuit covers Florida, Georgia and Alabama.
Pacesetter is a temporary labor company. Workers sign in at a labor hall and may get a job ticket for the day. The ticket lists the start time, the jobsite and any needed equipment. Workers could get to the jobsite in their own car, by public transit, in a Pacesetter van or in a coworker’s carpool. Pacesetter deducted $3.00 a day ($1.50 each way) from the pay of workers who used a van or carpool. Workers could bring their own basic tools or borrow Pacesetter’s.
Shane Villarino and about 300 other day laborers in Broward County sued in 2020. They brought claims under the Fair Labor Standards Act (FLSA), the Florida Minimum Wage Act and the Florida Labor Pool Act. The district court ruled for Pacesetter on the FLSA and Florida Minimum Wage Act claims. The Eleventh Circuit affirmed.
First, the deductions. The court repeated the basic rule. An employer cannot shift its business costs to workers if that drops pay below the minimum wage. But the court found these rides were optional and mainly benefited the workers, like an ordinary commute. So the deduction was allowed.
Second, the unpaid time. The workers asked for pay for travel to and from jobsites, for collecting and returning tools, and for waiting at the hall. The court applied the Supreme Court’s test from Integrity Staffing Solutions v. Busk. Time is paid only if the activity is “integral and indispensable” to the main work. On this record, the court held none of the three was.
The court also upheld the refusal to certify a class on the claim that ride charges exceeded the Florida Labor Pool Act limit.
What it means for workers
The ruling turns on its facts. The rides were optional. Workers could go straight to the jobsite. Workers could bring their own tools. The rule the court repeated still applies to costs that mainly benefit the employer. Such costs cannot bring pay below minimum wage.
Day laborers in Florida also have rights under the Florida Labor Pool Act, including limits on ride charges. This decision did not rule on the merits of those charges.
What it means for employers
Written policies helped the employer here. The transportation agreement said workers were responsible for getting to the site and listed several options. The court relied on the fact that workers had a real choice.
What to do now
Workers: keep your job tickets and pay stubs. Note any deductions and whether you had a real choice about rides or tools.
Employers: review deductions that could bring pay below minimum wage. Florida’s minimum wage rises to $15.00 on September 30, 2026, which leaves less room for deductions.
This summary is general information, not legal advice. Usher Law Group was not involved in this matter.
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