Archives: Independent Contractors

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The Western District of Texas Shows Some True Grit By Refusing To Grant Conditional Certification

In this day and age, finding a court to deny conditional certification of a proposed FLSA class is sometimes about as difficult as successfully remaking a classic Hollywood western with modern actors and sensibilities.  But, just as the Coen Brothers’ True Grit continues to surprise audiences and critics alike as one of the finest remakes … Continue Reading

Court Grants Summary Judgment in Multidistrict Independent Contractor Cases

We’ve written at least three times now on the case of Dukes v. Wal-Mart, now pending before the United States Supreme Court, as it is the largest employment class action in history.  Perhaps a relatively distant second is the collection of cases against FedEx Ground Package System, currently being handled through the multidistrict litigation docket in Northern Indiana.  … Continue Reading

Summary Judgment Denied, But No Class Certification In Tip Dispute

On September 30, 2010, the United States District Court for the District of Massachusetts entered an interesting order in a case involving multiple issues under the Fair Labor Standards Act.   In Travers v JetBlue Airways.pdf., airline JetBlue engaged an independent contractor named Flight Services and Systems (“FSS”) to provide skycaps Boston Logan Airport.  Because … Continue Reading

Federal Court in New York Denies Class Certification of Independent Contractors’ Misclassification Claim

On June 16, 2010, a federal court in New York held that a group of newspaper delivery drivers who claimed they were wrongfully misclassified as independent contractors under New York law could not pursue their claims as a class action. Edwards v. Publishers Circulation Fulfillment Inc., No. 09 Civ. 4968 (S.D.N.Y. 6/16/10).  In an effort to … Continue Reading
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