Wage & Hour Litigation Blog

Category Archives: Joint Employment

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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

“Black Swan” Is Ugly Duckling For Employers: Unpaid Interns in the Spotlight After Summary Judgment in Film Production Case

Posted in Joint Employment, Misclassification/Exemptions, Overtime

Authored by Robert Whitman

Advocates for interns seeking wage payments under federal and NY law received some welcome news this week with the decision in Glatt v. Fox Searchlight Pictures, Inc. [here].  As we have discussed previously [See here, here, here], Glatt is one of a number of recent cases brought on behalf of interns, paid … Continue Reading

This Car Will Run: Third Circuit Holds That Enterprise Holdings Is Not the Joint Employer of Its Subsidiaries’ Employees

Posted in Joint Employment

Co-authored by Timothy F. Haley and John W. Egan

Plaintiffs often attempt to impose liability on parent corporations for Fair Labor Standards Act (“FLSA”) violations allegedly committed by their subsidiaries.  They do so by arguing that the parent is a joint employer of its subsidiaries’ employees.  That strategy has just become more difficult for plaintiffs, at least those filing in … Continue Reading

Corporate Parent of Railroad Subsidiary Held Not Liable for Overtime

Posted in Joint Employment

Authored by Rob Carty

It’s been said that when you can’t break through an obstacle, try going around it.  That’s exactly what the plaintiffs tried to do (unsuccessfully) in an FLSA case recently decided by the Tenth Circuit Court of Appeals.  Dennis v. Watco Companies, Inc., No. 10-6079 (10th Cir. Jan. 21, 2011).

The plaintiffs, two railway employees, filed … Continue Reading