Following the Second Circuit’s clarification that an FLSA plaintiff must provide “sufficiently developed factual allegations” regarding hours worked (DeJesus v. HF Mgmt. Servs., LLC, 726 F.3d 85, 89-90 (2d Cir. 2013)), District Courts both within and outside the Circuit have sought to apply that standard to Fair Labor Standards Act complaints. In one
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Pennsylvania Federal Court Finds Classification of Couriers as Employees or Independent Contractor To Be Question of Fact
By Noel P. Tripp on
Posted in Coverage, Pennsylvania
In a short order following oral argument, Judge Juan R. Sanchez of the Eastern District of Pennsylvania denied an FLSA defendant’s motion for summary judgment seeking a ruling that it properly classified its delivery couriers as independent contractors under the FLSA. Spellman, et al. v. American Eagle Express, Inc., E.D. Pa., No. 10-cv-1764.
In so…
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…