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.
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Texas Federal Court Agrees With Employer: Gate Attendants Are Independent Contractors Within the Meaning of FLSA
By Noel P. Tripp on
Posted in Coverage, Department of Labor
The Department of Labor often challenges an employer’s independent contractor classification, even when such classification is a matter of long-standing, industry practice. Such disagreements can result in DOL audits or even DOL litigation seeking alleged unpaid minimum wage and overtime, as well as private enforcement actions. In a recent victory for employers involving litigation brought…
Long Island Judge Finds Company Properly Classified Its Drivers As Independent Contractors Under FLSA and State Law
By Noel P. Tripp on
Posted in Coverage
Whether a business can properly classify an individual as an independent contractor excluded from FLSA coverage is a question governed by the “economic realities” of the relationship between the individual and the business for whom she or he performed services. Under New York State Law, a related but distinct test examines the “degree of control exercised…
Eleventh Circuit Confirms: DHL Not Joint Employer of Contractors’ Couriers
By Noel P. Tripp on
Posted in Coverage
In the latest judicial analysis of wage-and-hour plaintiffs’ ongoing quest to hold larger entities liable as “joint employers” of a vendor’s employees, the Court of Appeal for the Eleventh Circuit has affirmed DHL Express’ victory in an Alabama federal court on this issue. Layton v. DHL Express United States, 2012 U.S. App. LEXIS 13978…