DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification

By Todd Lebowitz on July 16, 2015 Posted in FLSA, Independent Contractors

The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer of a birthmark, Hal.” Poor Hal. Blessed with the ability to walk upright, but … Continue Reading

Interns Win One, Lose One, In Having Misclassification Cases Conditionally Certified In New York

By Greg Mersol on June 18, 2014 Posted in Class Certification, FLSA, Rule 23

There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York. We won’t recount the many articles, blogs, and discussions about this issue. If you need a quick summary of the law, the U.S. Department of Labor, in its Fact Sheet # 71, sets forth … Continue Reading

Ninth Circuit Narrowly Upholds Class Settlement In Misclassification Case

By Greg Mersol on June 5, 2014 Posted in Uncategorized

We’ve commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards in particular. A recent decision from the Ninth Circuit, although it ultimately upholds the award, reflects that this is still a troublesome area and less than entirely predictable for any of the parties. … Continue Reading