Lawyers prosecuting and defending wage and hour misclassification cases (i.e., exempt/nonexempt and employee/contractor) will emphasize how fact intensive these inquiries can be. The importance of factual distinctions in litigating misclassification cases is demonstrated by two cases recently decided by the Fifth Circuit. In Cromwell v. Driftwood Electrical Contractors, a panel of the
economic realities test
Fifth Circuit Holds Cable Splicer was Independent Contractor, Not an Employee
By Russell Cawyer on
Posted in Case Summaries, Wage & Hour
In another cable splicer misclassification case arising in the aftermath of hurricane Katrina, the Fifth Circuit affirmed a trial court decision that Louis Thibault was an independent contractor rather than an employee. Therefore, he was not entitled to overtime under the FLSA.
Thibault owned a business in his home state of Delaware selling picnic tables, storage…