Tag Archives: joint employer

Uber Litigation Continues To Serve As Legal Lightning Rod for “On Demand” Economy

Cases challenging the independent contractor status of certain service providers under the wage-and-hour laws are likely to continue in the near future due to the difficulties in applying the law to complex factual patterns. The Department of Labor recently provided additional guidance for determining contractor status in the form of an Administrator’s Interpretation (and the … Continue Reading

(Another) Cable Provider Not Joint Employer of Installers

One common “joint employer” allegation which has been regularly rejected by courts is that a regional cable provider is a joint employer of its installation subcontractors’ employees or contractor installers, due to the alleged business or operational control the cable provider exerts over the subcontractor in how installation work is performed.  A Missouri court recently … Continue Reading

Indiana Appeals Court: Club Not “Employer” For Purposes of Commissions Claim

While wage-and-hour laws, like other employment laws. are generally “broad” and intended to foster the goal of worker protection, the scope of such laws is not limitless, as demonstrated by a recent decision from an Indiana appeals court addressing an alleged multiple or joint employer scenario.  Rodriguez v. S. Dunes Golf, LLC, 2014 Ind. App. … Continue Reading

Ohio Court Concludes That Construction Trade Association Is Not Joint Employer

In recent months, we have discussed courts adjudicating claims seeking to hold municipalities and business’ clients‘ liable as “joint employers” for alleged unpaid wages under the FLSA.  A new decision rejects a similar challenge brought with respect to a trade association.  IBEW, Local Union No. 8 v. King Elec. Servs., 2014 U.S. Dist. LEXIS 63462 … Continue Reading

General Contractors Defeat Claim of Joint Employer Status

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 … Continue Reading

Professor David Weil Confirmed As USDOL Wage-and-Hour Administrator

Finally filling the vacant seat of Wage-and-Hour Administrator, the U.S. Senate confirmed the appointment of Boston University Professor David Weil to the position.  Prevailing sentiment among business and labor leaders is that Administrator Weil’s administration will take a hard line on enforcement of the FLSA, consistent with the Obama administration’s publicized view that vigorous enforcement … Continue Reading

Florida Court Rejects Joint Employer Allegation, Grants Summary Judgment to Bank In FLSA Suit

FLSA plaintiffs from time to time seek to include potential “deep pocket” defendants as alleged “joint employers,” claiming that the alleged joint employer’s control over the entity which employed them was sufficient such that FLSA liability should attach. Recently, another federal court joined the growing body of decisions rejecting such claims. Diaz v. U.S. Century Bank, 2013 … Continue Reading

District Court Holds As A Matter of Law That Home Attendants Are Not Jointly Employed By New York City

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 … Continue Reading

Eleventh Circuit Confirms: DHL Not Joint Employer of Contractors’ Couriers

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 (11th Cir. … Continue Reading

Federal Circuit Court: Corporate Parent Not “Joint Employer” of Subsidiaries’ Assistant Managers

Plaintiffs in FLSA litigation often file suit against additional entities and parties beyond their primary or W-2 employer. One common allegation is that the corporate parent of an employing subsidiary is a “joint employer.” This can impact not only which entities are liable for any FLSA violation (where a joint employer relationship is found), but also the … Continue Reading

California Federal Court Rejects Plaintiff’s Attempt To Impose Joint Employer Liability On Outside Human Resources Consultant

Wage and hour plaintiffs, like all plaintiffs, seek recovery from the largest, most viable defendants. Often, employees who separate from failing businesses seek to broaden the scope of the concept of “employer” within the meaning of wage-hour laws and include as defendants other potentially-liable parties with “deep pockets.” As discussed here, a federal court in Pennsylvania recently … Continue Reading

Federal Court Rules Bank of America Is Not “Joint Employer” of Call Center Workers

Businesses that outsource specific functions are often subject to allegations that they are a joint employer of the employees of the outsourced entity. A Pennsylvania District Court recently rejected this theory of liability and dismissed Bank of America from a lawsuit brought by call center employees employed by a vendor servicing Bank of America, who alleged … Continue Reading
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