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Corporate form not conclusive as to employee status of franchise owners

October 5th, 2018

By Ronald Miller, J.D.
Finding that a district court improperly ignored the economic realities test, the Tenth Circuit reversed the lower court’s grant of a motion to dismiss a complaint filed by the Secretary of Labor, which asserted that Jani-King violated the FLSA and sought an injunction to require the employer to keep the requisite FLSA [Read more...]


Supreme Court mulls whether independent contractor agreements are ‘contracts of employment’ under FAA exemption

October 5th, 2018

By Pamela Wolf, J.D.
On October 3, the Supreme Court heard arguments on the questions of whether the Federal Arbitration Act’s Section 1 exemption is a question of arbitrability to be decided by an arbitrator or a court, and whether the same exemption, which applies on its face only to “contracts of employment,” is inapplicable to [Read more...]


EEOC advances lawsuit on behalf of seasonal farm worker allegedly raped by supervisor

October 4th, 2018

By Marjorie Johnson, J.D.
The EEOC survived a motion for summary judgment in a Title VII lawsuit brought on behalf of a seasonal farm worker who claimed she was raped by a supervisor who entered her employer-supplied apartment under guise of needing to perform an “inspection” and retaliated against her after she reported the assault. A [Read more...]


Ministerial employee’s ADA claims not barred by ministerial exception, but sexual harassment claims fail

October 4th, 2018

By Kathleen Kapusta, J.D.
The ministerial exception does not categorically bar hostile work environment claims that do not seek relief for a tangible employment action, a federal court in Illinois declared, finding instead those types of claims must be evaluated on a case-by-case basis for excessive intrusion on the religious institution’s First Amendment rights. Under that [Read more...]


Cosmetology students were ‘employees’ for time spent cleaning, doing laundry, and restocking products

October 4th, 2018

By Ronald Miller, J.D.
Finding that duties involving cleaning, doing laundry, and restocking products in a cosmetology school’s clinic were outside the training or learning situation for cosmetology students, a federal district court in Michigan granted their motion for partial summary judgment that they were “employees” entitled to compensation for performing such tasks. The court observed [Read more...]