Tag Archives: Independent Contractor
N.D.Ga.: Exotic Dancers Are Employees Not Independent Contractors; Entitled to Minimum Wages and Overtime
Clincy v. Galardi South Enterprises, Inc. This case was before the court on numerous motions. As discussed here, the judge granted plaintiffs’ motion for summary judgment and denied defendants’ cross motion, holding that plaintiffs’- exotic dancers or strippers- were defendants’ … Continue reading
Filed under Employer, Independent Contractor vs Employee, Minimum Wage, Tips
E.D.Va.: Plaintiff Alleged Actionable Retaliation Claim, Where Asserted Former Employer Denied Him Work as Independent Contractor In Retaliation for Testimony in Co-Employee’s Case
Boscarello v. Audio Video Systems, Inc. In this Fair Labor Standards Act (FLSA) retaliation action, a former employee sued his former employers alleging that defendants retaliated against him, in violation of 29 U.S.C. § 215(a)(3), by refusing to provide him … Continue reading
Filed under Independent Contractor vs Employee, Retaliation
11th Cir.: Res Judicata Did Not Bar Claims Of FLSA Retaliation; Such Claims Arose After The Original Pleading Was Filed In The Earlier Litigation, So Not Previously Litigated
Moore v. Sei Pak This case was before the Eleventh Circuit on Plaintiffs’ appeal of summary judgment in favor of their employer (“Pak”), in their suit against Pak for retaliation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § … Continue reading
Filed under Affirmative Defenses, Retaliation
Pennsylvania Laborers Like New Law That Defines “Employees,” Pittsburgh Post-Gazette Reports
The Pittsburgh Post-Gazette reports that a new law defining who is an employee (versue independent contractor) is being greated enthusiastically by Pennsylvania workers: “Union laborers are claiming victory now that Gov. Ed Rendell has signed a law aimed at curtailing … Continue reading
S.D.Ind.: Exotic Dancers Are Employees, Not Independent Contractors; Plaintiffs’ Motion for Summary Judgment Granted
Morse v. Mer Corp. Before the Court were the parties’ cross motions for summary judgment. Plaintiffs, exotic dancers, alleged that they were employees of Defendant, the owner of the adult entertainment facility where they worked. Defendant alleged that Plaintiffs were … Continue reading
Filed under Independent Contractor vs Employee
Companies Slash Payrolls By Calling Workers Independent Contractors; Costly To IRS And States, L.A. Times Reports
The LA Times reports that the “Internal Revenue Service and 37 states are cracking down on companies that try to trim payroll costs by illegally classifying workers as independent contractors, rather than as full employees, The Associated Press has learned. … Continue reading
5th Cir.: Cable Installers Are Employees, Not Independent Contractors; Summary Judgment For Employer Reversed
Cromwell v. Driftwood Elec. Contractors, Inc. The trial court in this case previously granted the Defendant-employer summary judgment finding that the Plaintiff-employee-cable installers were independent contractors and not employees. The 5th Circuit reversed on appeal, finding that although it’s a … Continue reading
Filed under Independent Contractor vs Employee
Employee Misclassification: Improved Coordination, Outreach, and Targeting Could Better Ensure Detection and Prevention, GAO Study Says
A report released this week by the United States’ Government Accountability Office (GAO), highlights the issues created when employers improperly misclassify employees as independent contractors and calls for the DOL and IRS to step up enforcement measures to crack down … Continue reading
Filed under Independent Contractor vs Employee
M.D.Fla.: Cable Installer Is An Employee Not An Independent Contractor Of Contractor To Cable Company
Parrilla v. Allcom Const. & Installation Services, LLC This matter came before the Court after a one-day bench trial on the issue of whether Plaintiff, was an independent contractor, and thus exempt from the overtime compensation requirements of the Fair … Continue reading
Filed under Independent Contractor vs Employee
