Court: United States Supreme Court (certiorari stage)
The Retail Litigation Center joined with other associations to support the employer's petition for Supreme Court review in DirecTV v. Hall. DirecTV is challenging the standard that the Fourth Circuit applied to determine when two entities are considered joint employers and are thus jointly subject to liability under the Fair Labor Standards Act (FLSA). The Fourth Circuit's test treats any business as a joint employer for FLSA purposes unless it is not "completely disassociated" with respect to the terms of the worker's employment. The amici brief in support of the petition for certiorari notes that the Fourth Circuit's rule has created a circuit split, is inconsistent with U.S. Supreme Court precedent, and incorrectly interprets the FLSA. The brief was drafted by Matthew Lampe, Michael Gray, Mark Savignac, and Anne Harris of Jones Day.
Procedural History and Case Documents: