misclassification claims

Co-authored by Robert S. Whitman and Howard M. Wexler

With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s umpires. In Meyer v. USTA, which we previously wrote about here,
Continue Reading USTA Aces Misclassification Case Before Second Circuit

Co-authored by Robert S. Whitman and Howard M. Wexler

Trying to catch a cab in New York City is not for the faint of heart.  In addition to the traditional “yellow cabs,” which often treat the city streets like a NASCAR track, there are many “Black Car” companies that offer rides through dispatch systems that allow for scheduled pickups.  In
Continue Reading Court Slams the Brakes on “Black Car” Drivers’ Misclassification Case

Co-authored by Steve Shardonofsky and Maya Harel

In opposing class- or collective-action certification, employers often submit declarations from current employees stating that they have been paid properly and have not been subject to whatever unlawful policy or practice is at issue.  There is an increasing trend in courts across the country to reject these type of declarations on the basis
Continue Reading When Is A Footnote Not Just A Footnote? When It Helps Level The Playing Field For Employers in Class- And Collective-Action Certification Battles…

Authored by Jessica Schauer Lieberman

This week, the U.S. District Court for the District of Massachusetts took retailer Lowe’s advice to “never stop improving” — on the class certification standard.  The court issued a decision that may demonstrate that employers are gaining ground in convincing district courts to more narrowly interpret the class certification requirements in light of recent Supreme
Continue Reading Lowe’s Raises the Bar on Class Certification

Co-authored by Tim Watson and Barry Miller

In the ongoing battle between the Department of Labor and the financial industry over the exempt status of mortgage loan officers, the Mortgage Bankers’ Association (MBA) struck the latest blow by filing suit seeking to vacate the DOL’s recent Administrator’s Interpretation (AI) declaring that mortgage loan officers, in general, do not qualify for

Continue Reading Mortgage Banking Association Sues DOL Over Mortgage Loan Officer Classification