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
joint employer
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…
Federal Circuit Court: Corporate Parent Not “Joint Employer” of Subsidiaries’ Assistant Managers
By Noel P. Tripp on
Posted in Coverage
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…
Federal Judge Enjoins Alleged Retaliatory Group Termination of Warehouse Workers
By Noel P. Tripp on
Posted in Coverage
This space has discussed the circumstances under which a company can be, or can be alleged to be, the “joint employer” of workers under the FLSA. Often, these allegations arise where a large company contracts out a specific function to a third party vendor, and particularly where the company is the sole or a primary…
California Federal Court Rejects Plaintiff’s Attempt To Impose Joint Employer Liability On Outside Human Resources Consultant
By Noel P. Tripp on
Posted in California
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…
Federal Court Rules Bank of America Is Not “Joint Employer” of Call Center Workers
By Noel P. Tripp on
Posted in Coverage
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…