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Minimum Wage › Multi-Factor Test

Williams Mullen

New Department of Labor Independent Contractor Proposed Rule

Williams Mullen on

​​​​​​​On October 11, 2022, the United States Department of Labor (DOL) released a proposal for a new rule on how the DOL will determine whether a worker is an independent contractor or an employee for purposes of the Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Rules Forensic Photography Intern is Not Entitled to FLSA Wages

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair...more

ArentFox Schiff

Pain Relief In Sight: DOL Issues Final Joint-Employer Rule

ArentFox Schiff on

On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more

Bricker Graydon LLP

DOL proposes four-factor test to determine joint employment status

Bricker Graydon LLP on

Earlier this week, the U.S. Department of Labor (DOL) announced its latest proposed rule to amend its existing regulations regarding joint employer arrangements under the Fair Labor Standards Act (FLSA). ...more

Seyfarth Shaw LLP

The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.  Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more

Fenwick & West LLP

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Parker Poe Adams & Bernstein LLP

DOL Throws in Towel on Standard for Unpaid Internships

Parker Poe Adams & Bernstein LLP on

Last month, the Ninth Circuit Court of Appeals became the fourth appellate circuit to reject the Department of Labor’s six-part test for determining whether internships at for-profit companies must be paid. The DOL test...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Parker Poe Adams & Bernstein LLP on

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Seyfarth Shaw LLP

Another Blow to DOL Position on Internships

Seyfarth Shaw LLP on

Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more

BakerHostetler

Unpaid Internships Given New Life by the Second Circuit

BakerHostetler on

This Blog is Not about Owen Wilson and Vince Vaughn, But… “The Internship” fails the first test of merit for a comedy: “Is it funny?” I find that opening line in a review from The New Yorker hilarious. (Funnier than the...more

Mintz - Employment, Labor & Benefits...

Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

Mintz - Employment, Labor & Benefits... on

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more

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