joint employment; conditional certification; DOL; Wage Hour Division; Southern District of Florida;

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