Co-authored by Christopher Truxler and Coby Turner
Seyfarth Synopsis: Earlier this month, a California federal court dismissed the misclassification claims of 7-Eleven franchisees on the pleadings, finding they did not and could not plead facts sufficient to show that they were employees of their franchisor.
All is well with one of America’s most beloved convenience
Authored by Alex Passantino
On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s 2015 and 2016 Administrator Interpretations (“AIs”) on joint employment and independent contractors. These documents were statements of the Wage & Hour Division’s interpretations of the FLSA’s (and Migrant
Authored by Hillary J. Massey
Seyfarth Synopsis: It remains to be seen whether the Trump administration will redirect its enforcement priorities away from independent contractor misclassification issues or curtail the applicable standards in the coming years. Because states and plaintiffs’ attorneys likely will continue to aggressively pursue independent contractor matters, employers should consider auditing their
Authored by Gerald Maatman, Jr.
Seyfarth Synopsis: Workplace class action filings were flat overall and even decreased as compared to levels in 2015. However, that is apt to change in 2017. In the 4th in a series of blog postings on workplace class action trends, we examine what employers are likely to see in 2017.
Co-authored by Robert S. Whitman and Howard M. Wexler
As wage and hour “gurus” are aware, the
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
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
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
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