Issue: Employment
Court: United States Supreme Court (certiorari stage) 

Term: October 2017
Oral Argument:
Lower Court: 
U.S. Court of Appeals for the Fourth Circuit

Question Presented:
Whether the Fourth Circuit misinterpreted the FLSA and its implementing regulation in holding -- in conflict with the decisions of eight other circuits -- that a claim of vertical joint employment must be evaluated by focusing on whether the putative joint employers are "completely disassociated" from one another with respect to the putative employee.

RLC's Position:
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.

Case Outcome:
The Court denied the petition for certiorari.

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


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