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
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
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
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