In a significant victory for employers in the series of hotly contested cases regarding the status of interns, the Hearst Corporation successfully defeated class certification under the New York Labor Law. Xuedan Wang v. Hearst Corp., 2013 U.S. Dist. LEXIS 65869 (S.D.N.Y. May 8, 2013).
As important to wage/hour practitioners and employers as…
Dedicated wage-and-hour practitioners, like many attorneys, will often find wage-and-hour issues to analyze in everyday life. Take, for example, this recent article regarding former Fenway Park fixture and local legend the “Crunch ‘n Munch” guy. The article, in addition to providing the back story behind his meteoric rise to local sports stardom (and drastically increased compensation)…
When small and medium-sized businesses are sued under the Fair Labor Standards Act, a common litigation issue is whether or not the defendant-employer – or the plaintiff-employee – is covered under the Act, through either its broad “enterprise coverage” or “individual coverage” of the worker’s employment. Where enterprise coverage is not present, typically because the…
The Eleventh Circuit has found that an individual who is not authorized to work in the United States can recover alleged unpaid wages under the FLSA, rejecting an employer’s argument that Supreme Court’s decision in Quality Inn in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), bars such claims.
In so…
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…
Among the types of service providers who consistently challenge their classification as independent contractors are exotic dancers, who allege that they are employees of the night club or clubs at which they perform. This allegation can give rise to a host of claims relating to wage-and-hour law, including minimum wage, overtime and gratuities-based claims, as…
As discussed in this space just last week, there is an ongoing war regarding compensation of interns under the FLSA. In a victory for employers, last week, the United States Court of Appeals for the Eleventh Circuit ruled that individuals completing externships relating to their enrollment in MedVance Institute’s Medical Billing and Coding Specialist program …
As we have detailed many times, the legal determination as to when an individual providing services is performing work which must be compensated under the minimum wage and overtime provisions of the FLSA is not always simple. This inquiry and related questions were at issue in Rui Xiang Huang v. J&A Entm’t Inc., 2012 U.S.
Allegations of joint employment under the FLSA and other employment laws typically flow from control allegedly exercised by the purported “joint employer” over the primary employer and/or its employees. In a recent opinion rejecting such allegations, Magistrate Judge Joan Azrack of the United States District Court for the Eastern District of New York granted summary judgment…
From time to time, employees offer (or are offered an opportunity) to provide further services to their employer in a “freelance” or "contractor" capacity. However, given the control exercised by the employer in the course of the general employment relationship, these arrangements can result in allegations that the “hybrid” employee/contractor is in fact at all times…
