Tag Archives: independent contractor

2020 Wage & Hour Developments: A Year in Review

The laws governing wages and hours of work affect nearly everyone—and have a significant affect on class and collective actions. How employees are paid, whether as hourly non-exempt, salaried-exempt, tipped, or commissioned sales workers, and how much they are paid, are questions of deep interest to employees and employers alike. And because the laws regulating … Continue Reading

Chauffeur Transportation Company Defeats Conditional Certification of Class of Drivers Alleging Wage-Hour Violations under the FLSA

Because of a lenient standard of proof imposed on plaintiffs by most courts, employers rarely are successful at defeating motions for conditional certification, the first step of the two-step opt-in class certification process for collective allegations of wage and hour violations under the Fair Labor Standards Act (“FLSA”).  So when an employer does defeat such a motion, it is newsworthy and must be … Continue Reading

District Court Certifies Class under Rule 23; Dukes cited; Behrend not mentioned

Following  the granting of conditional certification under FLSA 216(b) in July 2012, the U.S. District Court for the Southern District of New York (Judge Andrew L. Carter, Jr.) granted the plaintiffs’ motion to certify a class of umpires who alleged that the United States Tennis Association’s (USTA) improperly classified them as “independent contractors” since 2005 in order to avoid paying overtime … Continue Reading

Exotic Dancers, Other Gentlemen’s Club Employees Denied Conditional Certification

The U.S. District Court for the Eastern District of Arkansas (Judge Susan Webber Wright) denied a FLSA 216(b) motion for conditional certification by seven former employees of a strip club in Jacksonville, Arkansas who filed a putative class and collective action against the club’s owners and managers alleging that they had been improperly classified as independent contractors … Continue Reading
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