New Jersey employers now have an answer to a question that had previously been mired in uncertainty: What test is used to determine whether an individual is an employee or an independent contractor under state wage and hour laws?
This week, the United States District Court for the Southern District of Texas ordered the Department of Labor to fork over $565,527.61 in attorneys’ fees and costs to a Texas employer. Why such a hefty fee award? The DOL’s position that the employer misclassified gate attendants as independent contractors was not … Continue Reading
Authored by Jim Harris
The California Supreme Court heard oral argument in two important cases involving employment-related class actions. From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.
Authored by Jessica Schauer Lieberman
This week, the U.S. District Court for the District of Massachusetts took retailer Lowe’s advice to “never stop improving” — on the class certification standard. The court issued a decision that may demonstrate that employers are gaining ground in convincing district courts to more narrowly interpret the class certification requirements in light of recent Supreme … Continue Reading
Authored by Alex Passantino
A cable installation company recently entered into a consent judgment with the U.S. Department of Labor, agreeing to pay over $1 million in back wages and liquidated damages to nearly 200 workers. [here] The consent judgment also enjoins the company — and its former vice president — from future violations of the FLSA.
The Wage … Continue Reading
Authored by Alex Passantino
Independent Contractors. Subcontractors. Franchises. Employment Agencies. According to the Wage & Hour Division, use of these relationships is an action that requires special scrutiny. When WHD states that it is targeting “fissured industries,” it means those industries in which it is more likely that workers are performing under one of these relationships — anything where there … Continue Reading
On July 2, 2012, the California Court of Appeal affirmed a trial court ruling denying class certification to a group of newspaper carriers claiming they were misclassified as independent contractors. In Sotelo v. Medianews Group, Inc., the Court of Appeal concluded that plaintiffs’ proposed class of newspaper carriers could not … Continue Reading
Owners and operators of gentleman’s clubs recently received a new arrow in their quiver in the ongoing dispute over a question that has created a barrage of lawsuits across the industry – “Are exotic dancers employees?” A decision from the United States District Court for the Eastern District of Arkansas on July 12 … Continue Reading
Members of Seyfarth Shaw’s Wage and Hour Litigation Practice Group have authored Wage & Hour Collective and Class Litigation, the first-of-its kind treatise on wage and hour litigation. Published by American Lawyer Media’s Law Journal Press, the 912-page volume is the most comprehensive guide published to date that focuses … Continue Reading
Authored by Barry Miller
A recent ruling from the First Circuit Court of Appeals captioned Massachusetts Delivery Association v. Coakley has important implications for industry groups representing employers that find themselves embattled in wage and hour litigation regarding widespread industry practices. In overturning a ruling from the U.S. District Court for the District of Massachusetts, the First Circuit held that … Continue Reading