Law and the Workplace

Category Archives: Misclassification

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DOL’s New Independent Contractor Rule: A Return to 2020

By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Independent Contractor, Misclassification, Wage and Hour
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act. In the courts, the test has always focused on the “economic reality” of the relationship between a worker and the entity that benefits from the services provided to determine whether the worker is an employee or … Continue Reading

District of Massachusetts Grants Class Certification but denies Summary Judgment in Independent Contractor Misclassification Case

By Gillian Egan and Stacey Cerrone on Posted in Misclassification
On September 13, 2019, the U.S. District Court for the District of Massachusetts granted certification of a class of independent contractor drivers who delivered packages through Dynamex Operations East for Google Express.  Ouadani v. Dynamex Operations East LLC, No. 16-12036, 2019 WL 4384061 (D. Mass. Sept. 13, 2019).  Ouadani, a delivery driver, sued Dynamex on … Continue Reading

Second Circuit Revives Contract Attorney’s Misclassification Suit

By Allan Bloom, Elise M. Bloom, Mark W. Batten and Rebecca Sivitz on Posted in Appeals, Class/Collective Action, FLSA, Misclassification
On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act.  The Second Circuit … Continue Reading

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

By Elise M. Bloom, Joshua Fox, Mark W. Batten and Noa Baddish on Posted in Appeals, Class/Collective Action, FLSA, Misclassification
On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al.  v. The Hearst Corp., the two unpaid intern lawsuits heard in tandem by the court on January 30, 2015.  The court’s opinion in Glatt, … Continue Reading

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

By Lindsey Chopin, Mark W. Batten and Nicole Eichberger on Posted in Appeals, Class/Collective Action, FLSA, Misclassification
On November 13, 2014, the Fifth Circuit addressed the uncertainty stemming from its decision in Owens v. SeaRiver Maritime, Inc., 272 F.3d 698 (5th Cir. 2001), wherein the Court found that a plaintiff’s unloading and loading of vessels was considered “nonseaman” work subject to the Fair Labor Standards Act’s (“FLSA”) overtime requirements. Subsequent to that decision, … Continue Reading
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