News & Analysis as of

Economic Realities Test Fair Labor Standards Act (FLSA) Employment Litigation

Brooks Pierce

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

Brooks Pierce on

Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more

Lowndes

Can Student-Athletes Be Considered Employees?

Lowndes on

The debate over fair compensation for NCAA athletes has intensified, shifting from if athletes should be paid to how they should be compensated. The rise of Name, Image, and Likeness (NIL) payments has added momentum to this...more

Holland & Knight LLP

The Trump Administration's Impact on Independent Transportation Contractors

Holland & Knight LLP on

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more

Parker Poe Adams & Bernstein LLP

Third Circuit Sets Test for Wage Payment to College Athletes

In its Alston decision in 2021, the U.S. Supreme Court ended the legal assumption that NCAA athletes were pure amateurs, exempt from a range of legal protections extended to workers. Since that decision, courts have faced a...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Fisher Phillips

Bad Week For Gig Businesses In Oregon

Fisher Phillips on

Last week was a bad week for gig economy companies in Oregon. It wasn’t just the post-holiday malaise that so many suffer from after having to return to work following a long, relaxing weekend that probably included eating...more

Bricker Graydon LLP

Federal court expands use of volunteers under wage and hour law

Bricker Graydon LLP on

Recently, the Sixth Circuit Court of Appeals (which covers Ohio, Michigan, Kentucky and Tennessee) held that a church, which ran a for-profit restaurant, did not need to pay its volunteers under the Fair Labor Standards Act...more

Fisher Phillips

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

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