A federal court again ruled that the USTA does not have to pay tennis umpires back pay and overtime, dismissing the officials’ claims against the U.S. Open owner and operator. In a ruling this morning, a three-judge panel for the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision the officials were independent contractors and not legally due overtime. “Plaintiffs are highly skilled workers who exercise a high degree of independent initiative and control in officiating tennis matches,” the appellate panel ruled. “Although tennis umpires are an integral part of the U.S. Open and they invest little in the event, plaintiffs are free to decide independently each year whether to apply to officiate at the U.S. Open, which lasts for only a few weeks each year, and for how many days they wish to officiate.” Under federal and New York state law, independent contactors are not due overtime. The officials contended they were employees of the USTA, but the lower court, and the three-judge panel, rejected that. The officials could now appeal to the full Second Circuit, directly to the Supreme Court or drop the case.
