Labor and Employment Law Blog

Corporate Function — Not Corporate Formality — Determines FLSA Status

The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., Case No. 17-6179, 2018 WL 4762748 (10th Cir. Oct. 3, 2018), the court found that […]

November 1, 2018 | 1 min read | Tagged: Corporate Structure, Department of Labor, Economic Realities Test, Employees, Fair Labor Standards Act, Independent Contractor, Tenth Circuit

Alexandra Sandvik Former Associate

The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters can be found here. The six new opinion letters address the following issues: Compensability of time […]

August 31, 2018 | 1 min read | Tagged: Department of Labor, Fair Labor Standards Act, Family Medical Leave Act, Opinion Letters, Wage & Hour, Wage and Hour Division

Jennifer R. Yee Partner