Individuals employed by subcontractors in construction (and other industries) from time to time seek to go “up the food chain” and assert that control was exerted by general contractors on their job sites sufficient to render those general contractors “joint employers” for purposes of the wage laws. The goal of couse is to hold such
Coverage
Eleventh Circuit Affirms: No Individual Coverage of “Local” Painter of Pleasure Boats
By Noel P. Tripp on
Posted in Coverage
While FLSA coverage—both so-called “enterprise” based coverage and individual coverage of a specific worker—remains broad, such coverage generally does not extend to individuals who do not work for a covered enterprise and do not “directly participate in the actual movement of persons or things in interstate commerce.” In reviewing a trial court decision, the Court…
Chamber of Commerce’s Amicus Brief Argues For Economic Value of Internships to Businesses, Employees and Students
By Noel P. Tripp on
Posted in Coverage
As the Court of Appeals for the Second Circuit prepares to hear argument and ultimately rule in the consolidated appeal involving former interns for Hearst Publishing and Fox Searchlight seeking minimum wage under the FLSA, the Court received amicus submissions from several organizations, including the U.S. Chamber of Commerce, the largest employer association.
The Chamber’s…
Second Circuit Affirms Ruling That NYC Was Not “Joint Employer”
By Noel P. Tripp on
Posted in Coverage, New York State
Affirming a 2013 district court ruling discussed in detail here, in a summary order the Court of Appeals for the Second Circuit held that Eastern District of New York Magistrate Judge Joan M. Azrack did not err in finding that home attendants employed by a not-for-profit agency who provided personal care services to City…
Supreme Court Declines Catsimatidis’ Invitation To Review FLSA Liability
By Noel P. Tripp on
Posted in Coverage, New York State
Though the high court recently has accepted other petitions for certiorari on FLSA issues, today the Court declined Gristede’s owner and former NYC mayoral candidate John Catsimatidis’ request that the Court take up his case and review the imposition of individual liability imposed by the Second Circuit. Catsimatidis v. Irizarry, 2014 U.S.…
Illinois Supreme Court Upholds Construction Industry Misclassification Statute
By Noel P. Tripp on
Illinois’ highest court upheld that state’s six year old statute imposing strict penalties for employee misclassification in the construction industry, the Illinois Employee Classification Act. Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014).
In Bartlow, Rhonda and Jack Bartlow were partners in a roofing company who contested a finding under the Act…
New York Legislature’s Second “Fair Play Act” Enacted to Cover Commercial Goods Transportation Industry
By Noel P. Tripp on
Posted in Coverage, New York State
On the heels of similar legislation passed in 2010 for the construction industry, and consistent with the state’s continuing focus on alleged misclassification of service providers as independent contractors, the New York state legislature recently passed the Transportation Industry Fair Play Act, N.Y. Labor Law § 862 et seq. This legislation creates a…
Maine Judge Agrees with Colleague: No Individual Liability Under Maine Wage-and-Hour Law
By Noel P. Tripp on
While the definition of employer under the FLSA is broad, as the Court of Appeals for the First Circuit (encompassing Maine among other states) has noted, state law is not always consistent, as highlighted by a new federal court decision from Maine. Saunders v. Getchell Agency, 2014 U.S. Dist. LEXIS 16728 (D. Me. Feb.…
Federal Judge Holds That Accessing Recipes Via Internet Does Not Trigger FLSA Coverage
By Noel P. Tripp on
Posted in Coverage
In a case addressing coverage under the FLSA, Federal Judge Ramona V. Manglona from the District of the Northern Mariana Islands held coverage was not triggered merely because a cook in Saipan accessed the Internet to obtain recipes. Dean v. Pac. Bellwether, LLC, 2014 U.S. Dist. LEXIS 15797 (D. N. Mar. I. Feb. 6,…
New York Federal Court Finds Bank Properly Classified Financial Services Consultant As Independent Contractor
By Noel P. Tripp on
Posted in Coverage
Reviewing a working arrangement common in the financial services industry, particularly with respect to experienced professionals, Judge Katherine B. Forrest of the Southern District of New York recently upheld the Royal Bank of Canada’s (RBC) treatment of a “consultant” as an independent contractor under the federal and state wage/hour and anti-discrimination laws. Sellers v. …