Wage & Hour Litigation Blog

Category Archives: Joint Employment

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A Fresh Take on the Horizontal Joint Employment Theory: Conditional Certification for Subway Employees Denied

Posted in Conditional Certification, DOL Enforcement, Joint Employment

Authored by Christopher Kelleher and Noah Finkel

Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises.

Earlier this year, the DOL’s Wage-Hour Division issued a much-publicized Administrator Interpretation on what employers constitute joint employers, including an explanation of how two or more employers under common ownership can constitute “horizontal” … Continue Reading

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

Posted in DOL Enforcement, Joint Employment

Authored by Alex Passantino

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget.  This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the number of WHD employees over 2,000 for the first time in recent memory.  WHD also seeks around $9 million for … Continue Reading

WHD Issues Another Momentous Interpretation, Mapping Joint Employer Status on Horizontal and Vertical Planes

Posted in Joint Employment

Co-authored by Brett Bartlett and Kevin Young

As we predicted, the federal Wage and Hour Division has issued another edict that will have far-ranging effects on businesses across the U.S. economy, specifically those sharing employees with related operations or relying on third parties to perform or staff services that their own employees would otherwise carry out. On Wednesday, the … 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

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