Wage & Hour Litigation Blog

Category Archives: Independent Contractors

Subscribe to Independent Contractors RSS Feed

That’s a Wrap: Fox Reaches Deal with Unpaid Interns

Posted in Independent Contractors

Co-authored by Robert Whitman and Adam J. Smiley

Seyfarth Synopsis: Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used to evaluate whether interns are properly classified under the FLSA.

As this blog has previously reported … Continue Reading

Signs of (American United) Life for Independent Contractor Status in Massachusetts

Posted in Independent Contractors, Misclassification/Exemptions, State Laws/Claims

Authored by Patrick Bannon and Anne Bider

Independent contractor misclassification claims have become an epidemic — nationally and especially in Massachusetts.  Under most tests for independent contractor status, whether an individual’s services are within the usual course of the business of the company for which they are performed is an important factor.  Under Massachusetts’ Independent Contractor Statute it is an … Continue Reading

I’m Dreaming of a White Collar: 2015 Year in Review

Posted in Arbitration Agreements, City/Local Ordinances, Conditional Certification, Damages, Decertification, Defenses, Discovery, DOL Enforcement, Executive Orders, Hybrid Lawsuits, Independent Contractors, Joint Employment, Jurisdiction, Meal/Rest Breaks, Misclassification/Exemptions, Off-the-Clock Issues, Offer of Judgment, Overtime, Regular Rate, Rule 23 Certification, Salary Basis, Service Charges/Gratuities, Settlement, State Laws/Claims, Uncategorized

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated. Then for six painful months, we speculated and waited. And just as … Continue Reading

A long time ago, in an on-demand world far, far away …

Posted in Independent Contractors

Co-authored by Robert S. Whitman and Adam J. Smiley

As this blog revels in the newest installment of the Star Wars saga, we remind you of our previous reports (here and here) regarding an equally enthralling (to your humble bloggers, anyway) legal showdown: the legal issues swirling around the “on-demand” workforce. Lawsuits by drivers for on-demand ride services … Continue Reading

What the Browning-Ferris Decision May Forecast for Wage and Hour Law

Posted in DOL Enforcement, Independent Contractors, Joint Employment

Co-authored by Richard Alfred and Patrick Bannon

The National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., announced last week, dramatically expands joint employer liability under the National Labor Relations Act. A business can be found to be a joint employer of individuals, the Board concluded, even if the business has only unexercised potential power to control the … Continue Reading

DOL Independent Contractor Guidance Targets “On-Demand” Companies

Posted in Independent Contractors

Co-authored by Robert S. Whitman and Adam J. Smiley

Last week, this blog reported on the guidance from the Department of Labor (DOL) regarding the classification of independent contractors under the FLSA. The 15-page Administrator’s Interpretation (AI) seeks to restrict the use of independent contractors by reading the FLSA’s definition of “employ” as broadly as possible and by tightening the … Continue Reading

DOL Issues Guidance On Independent Contractor Classification Interpreting FLSA Broadly to Cover Most Workers as Employees

Posted in Independent Contractors

Co-authored by Richard Alfred, Alex Passantino, Patrick Bannon, and Adam Smiley

Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued its first Administrator’s Interpretation (AI) on the Fair Labor Standards Act (FLSA) in more than a year. As the Administrator, Dr. David Weil, had forecast in a speech last month, today’s AI discusses the … Continue Reading

“On-Demand” Litigation Heats Up This Summer

Posted in Independent Contractors

Co-authored by Robert S. Whitman and Adam J. Smiley

This blog recently reported on the first wave of lawsuits challenging the classification of independent contractors in the “on-demand” economy. The second wave has now arrived, as numerous tech companies have been hit with class or collective action lawsuits alleging misclassification of their workers, most filed by the same plaintiffs’ attorney … Continue Reading

Agents Can’t Insure Class Treatment – Varied Experiences Require Decertification

Posted in Independent Contractors, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Kara Goodwin

Last week, a federal district court decertified a Rule 23 class of more than 1,000 insurance agents who claimed that Bankers Life and Casualty Co. misclassified them as independent contractors, and, as a result, they were entitled $16.9 million in overtime damages under the Washington Minimum Wage Act. In decertifying the class, the court held that … Continue Reading