A federal court judge last week threw out a lawsuit against the USTA filed in '11 by tennis officiating officials suing for overtime pay. The class action lawsuit claimed the umpires were de facto employees of the USTA, which owns and operates the U.S. Open. That would make them eligible for overtime pay. The USTA argued that under New York and federal law, the umpires and line judges were independent contractors and not entitled to overtime pay. New York Federal Judge Andrew Carter agreed, writing in a 15-page decision that it is "obvious that the plaintiffs are in business for themselves.” Carter conceded that the fact that the umpires are so integral to the U.S. Open weighs in favor of their contention. But the fact they are free to turn down assignments, and use discretion in their jobs, tilts the balance in favor of the USTA argument, he wrote. Carter had already certified the class, and he was ruling on a USTA motion to dismiss the case. The umpires are paid $115-200 a day for working the U.S. Open, and typically spend 10-11 hours daily on call.
