There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s change of DOL rules, it can be hard to follow. This week, the Second Circuit Court of Appeals joined several other circuits in trying to outline what a court should examine when determining if an employee has joint employers.
Sean Felder is a security guard who had worked for a contractor that provided seasonal security for the United States Tennis Association. In 2012, Felder complained that African American security guards were given inferior assignments as compared to white guards at the U.S. Open. The parties settled that case. In 2016, Felder began working for another security company, AJ Security, which also provided security for USTA events. AJ Security assigned Felder to work at the U.S. Open in 2016. However, when he went to pick up his credentials, he was told his name was not in the system. His supervisor at AJ Security told him that the USTA denied him credentials due to his past complaint about racial discrimination. Felder sued the USTA for race discrimination and retaliation.
The USTA filed a motion to dismiss pointing out that he had never applied for a position with the USTA and therefore, the USTA was not his employer. The lower court agreed and held...
Ukrainian General Staff spokesperson Andriy Kovalov dismissed Russian military chief Valery Gerasimov's claims of advances toward Kramatorsk and Zaporizhzhia and the capture of several settlements...