Recently, in May of 2010, the United States District Court for the Southern District of Ohio heard a case regarding unpaid FLSA overtime and the issue of whether the employee was a in fact an employee or an independent contractor and thus, the court had to decide on the issues of what questions were or were not valid in the interrogatories sent. (See Keeton v. Time Warner Cable, et. al., 2010 WL 2076813(S.D.Ohio)). In Keeton, the interrogatory in question had to do how the defendant treated their own employees. Id.
The Court first looked into the scope of discovery and accepted the fact that the Federal Rules of Civil Procedure had them quite broad. Id. But, the Court did have to be on the guard for a ‘fishing expedition’ and protect the concerns of the defendant. Id.
A client in Louisville, Kentucky who had a Louisville overtime non-payment of wages matter could have a similar issue and should contact a Louisville overtime lawyer.
“Under the FLSA, “a worker may be jointly employee by two entities, each of which is responsible for complying with the act.”” (cites omitted). Id. Each case is different and the issue of joint employment comes down to the facts of each individual case. Id.
The issue as to if a joint employment relationship exists comes down largely to control. Id. The Court looks at “whether two companies are joint employers: the interrelation of operations between the companies, common management, centralized control of labor relations, and common ownership.” (cites omitted). Id. The Courts also look at the “exercise of authority to hire, fire, and discipline, control over pay and insurance, and supervision…” Id.
Thus, in the case at hand, based on the facts and based on the fact that there was an issue as to joint employment relationship, the Court held that Plaintiff’s discovery request was valid and that the Plaintiff may discovery information regarding how defendant treats its direct employees. Id. The Court reasoned that there could be probative evidence as to how defendant treats differently its employees as compared to non-employees and thus based on that, one could look to see if and when an employee relationship begins.
Thus, if you are a Louisville Overtime worker and have a question as to whether your case should become a class action lawsuit, contact a Louisville overtime lawyer. Mr. Alitowski, a Louisville overtime lawyer, can assist you and your co-workers in a failure to pay overtime lawsuit.
If you have been the subject of Louisville Overtime Non-payment of wages, please call and speak to a Louisville overtime Non-payment of wages lawyer at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
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