A federal court in New Hampshire granted in part and denied in part TendoNova Corporation’s motion for summary judgment on the unpaid wages claim of a terminated chief executive officer whom the medical device company claimed was an independent contractor rather than an employee protected by the Fair Labor Standards Act and state wage laws. Genuine disputes of material fact exist regarding the CEO’s independent contractor status, because there was disagreement as to the extent of the company’s control over his work as CEO, whether he had significant independent control over decisions impacting stock value to affect opportunity for profit ...

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