On November 4, 2022, a three-judge panel of the United States Court of Appeals for the Ninth Circuit held that for the purposes of the Fair Labor Stands Act, Los Angeles County qualifies as a joint employer of In-Home Supportive Services providers.
On August 3, 2022, the United States Court of Appeals for the Seventh Circuit reversed a Wisconsin federal court’s dismissal of a truck driver’s misclassification claims against hauling company Schneider National Inc. The Seventh Circuit found that driver Eric Brant plausibly alleged a viable claim under the Fair Labor Standards Act (“FLSA”), a federal law that protects workers from unfair employment practices by establishing requirements for minimum wage, overtime pay, recordkeeping, and child labor.
On November 10, 2022, the Ninth Circuit denied the request of Jan-Pro Franchising International Inc. to review the United States District Court for the Northern District of California’s August 2, 2022 order granting a group of janitors class action certification in a lawsuit alleging Jan-Pro misclassified its janitors as independent contractors.
On October 13, 2022, the Wage and Hour Division of the U.S. Department of Labor published a Notice of Proposed Rulemaking regarding a new standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.
On September 21, 2022, Burlington Coat Factory agreed to pay $11 million to settle a class action lawsuit involving claims that the Company misclassified over 1,700 Assistant Store Managers and failed to pay overtime wages. The settlement comes after the Company settled two related actions in 2020 for nearly $20 million.
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