Employee of Private Contractor a Public Employee??

By Patrick Scully The United States Court of Appeals for the Second Circuit has held that an employee of a private contractor enjoys the rights of a public employee with a “property interest” in his employment.  The plaintiff was employed as a court security officer (CSO) for a private company that contracted with the United […]

Another Blow to Intern Test

By Bryan Stillwagon The DOL’s six-factor test for determining “employee” status for interns or trainees under the FLSA took another blow last Friday, this time from the Eleventh Circuit in Schumann v. Collier Anesthesia, PA (11th Cir. Sept. 11, 2015). The Court, following the lead of the Second Circuit, tossed the DOL’s six-factor test, finding […]

Last Week In Bizzaro World…

By John Alan Doran The Second Circuit Court of Appeals held last week that an employer could possibly be required to reinstate illegal aliens previously terminated in violation of the National Labor Relations Act (“NLRA”). Palma v. NLRB. That’s right—an employer that fires employees in violation of NLRA could conceivably be required to reinstate ex-employees […]