Paul Peter Nicolai Aug 201 min readOwners Can Sue As EmployeesA minority owner in a limited liability company can be an employee for bringing misclassification and Wage Act claims.
Paul Peter Nicolai Apr 26 min readDOL Announces Final Rule Affecting Independent Contractor Classification Under FLSAIn January 2024, the US Department of Labor (DOL) published a final rule that changes the test for determining whether a worker is an...
Paul Peter Nicolai Apr 18, 20231 min readBurden of Proving Overtime Exemption ToughenedThe US District Court gave an employer a summary judgment in an overtime case, concluding that the dispatchers and controllers fell...
Paul Peter Nicolai Jun 21, 20221 min readFranchisees May Be EmployeesThe Massachusetts Supreme Court has ruled that the dispute over whether plaintiffs who entered into franchise agreements to operate...
Paul Peter Nicolai May 25, 20213 min readAre Exotic Dancers Employees or Not?An exotic dancer was an employee of an adult entertainment club under the Fair Labor Standards Act ("FLSA"), even though a written...