Recognizing the need to provide clarity to the business community in light of voluminous litigation, the United States Court of Appeals for the Second Circuit recently agreed to hear appeals in the Fox and Hearst intern cases. Glatt v. Fox Searchlight Pictures Inc., Case Number 13-2467, 11/26/13. The Court will examine the different
Coverage
Supreme Court Declines Review of Intern Compensability Issue
By Noel P. Tripp on
Posted in Coverage, Minimum Wage
While the compensability of time spent in internship programs continues to be an hotly contested litigation issue, the United States Supreme Court has declined an opportunity to provide clarity in this area, denying certiorari to a Florida medical billing intern whose claim was rejected last year by the Eleventh Circuit. Kaplan v. Code Blue …
State of Vermont Invokes Sovereign Immunity (Finally), Defeats FLSA Collective Action
By Noel P. Tripp on
Posted in Coverage
In a case involving an uncommon number of legal twists and turns, the State of Vermont has convinced a federal Judge to uphold its sovereign immunity from suit under the FLSA. Coniff v. Vermont, 2013 U.S. Dist. LEXIS 143494 (D. Vt. Sept. 30, 2013).
Generally speaking, states are immune from claims brought by private…
District of Columbia Federal Court Rules Trade Association Not FLSA Enterprise
By Noel P. Tripp on
Posted in Coverage
As we recently discussed, there are exceptions to the FLSA’s broad coverage provisions. One such FLSA exception pertains to organizations—often not-for-profits—which are not “enterprises”, defined as a person or persons performing related activities “for a common business purpose.” A recent decision from the United States District Court for the District of Columbia is instructive as the…
New York Judge Concludes That Employer with One Employee Not Covered by FLSA
By Noel P. Tripp on
Posted in Coverage
While the FLSA’s coverage is broad, it does not extend to all employment scenarios. In a new decision addressing the common employment scenario where a building owner employs a single worker to serve as a janitor and handle miscellaneous tasks, Magistrate Judge Ramon E. Reyes of the Eastern District of New York ruled that such…
More and More Interns Seeking Allegedly Unpaid Wages
By Noel P. Tripp on
Presumably buoyed by the district court ruling in Glatt v. Fox Searchlight Pictures Inc., 2013 U.S. Dist. LEXIS 82079 (S.D.N.Y. June 11, 2013), a number of copy-cat lawsuits have been filed by former entertainment industry interns in recent weeks in the Southern District of New York’s Manhattan courthouse seeking unpaid wages. Salaam, et al. …
Massachusetts Supreme Judicial Court Issues Employee-Friendly Decisions
By Noel P. Tripp on
Posted in Coverage, Massachusetts
In two decisions issued this spring, the Supreme Judicial Court of Massachusetts, reversed decisions issued by Massachusetts lower courts and broadly interpreted the scope of Massachusetts wage law with respect to its extra-territorial reach and potential individual liability for violations. Taylor v. Eastern Connection Operating, Inc., 465 Mass. 191 (Mass. 2013); Cook v. Patient …
Eighth Circuit Confirms Availability of FLSA Back Pay Remedies for Illegal Workers
By Noel P. Tripp on
Posted in Coverage
A new decision from the U.S. Court of Appeals for the Eighth Circuit is consistent with the rulings of several lower courts in holding that an individual employed in violation of the Immigration Reform and Control Act (IRCA) because he or she is not authorized to work in the United States is still entitled to…
Reversing District Court, Eleventh Circuit Orders Trial of Cable Installers’ Claims of Misclassification Under FLSA
By Noel P. Tripp on
Posted in Coverage
In a lengthy analysis of the “economic realities” test as applied to cable installers, the Court of Appeals for the Eleventh Circuit reversed Judge Elizabeth A. Kovachevich of the Middle District of Florida’s 2012 decision finding cable installers to be properly classified as independent contractors. Scantland, et al. v. Jeffry Knight, Inc., et al.…
Second Circuit Finds Gristede’s Owner to Be Individually Liable “Employer” Under FLSA
By Noel P. Tripp on
Reviewing a district court decision issued two years ago, the United States Court of Appeals for the Second Circuit has affirmed a ruling finding John Catsimatidis, the CEO and owner of New York-area grocery chain Gristede’s (and a New York Mayoral Candidate), individually liable for wages under the FLSA based on the “economic realities&rdquo…