Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers

By Greg Mersol on July 21, 2014 Posted in Independent Contractors

A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name, resulting in the unsurprising finding that they were employees and not independent contractors. An Arizona district court has … Continue Reading

Second Circuit Finds FLSA Collective Actions and State Law Class Actions Compatible

By Greg Mersol on September 26, 2011 Posted in FLSA, Overtime Claims, Tip-Pooling

One of the hottest topics in class/collective action litigation this year has been the availability of both an FLSA collective action and a state law class action in the same suit. We’ve already written several times about some of these cases, with a distinct difference in approach and outcome among the various courts. Some courts … Continue Reading

Court Finds FLSA Precludes State Overtime Class Actions

By Greg Mersol on May 30, 2011 Posted in FLSA, Wage and Hour

Rule 23 classes require class members to opt out if they do not want to participate in the litigation. Fair Labor Standards Act classes require class members to affirmatively opt in. Are the two compatible? No, according to a recent pair of cases from the Middle District of Pennsylvania. In fact, the court held that … Continue Reading