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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Murillo v. Texas a & M University System

Plaintiff Berene Murillo filed a class action lawsuit against the Texas A & M University System and Dr. Edward A. Hiler, alleging widespread misclassification of agricultural workers as independent contractors. This misclassification led to various violations including the Fair Labor Standards Act, Migrant and Seasonal Agricultural Worker Protection Act, Federal Insurance Contribution Act, Civil Rights Act, and Texas Revised Civil Statutes. Specifically, the suit claimed failures to pay minimum wage, social security excise taxes, and unemployment benefits. Following extensive negotiations, the parties reached a settlement, which the Court reviewed and approved as fair and adequate. The resulting Agreed Class Action Consent Decree mandates defendants to pay damages to class members, correct social security accounts, and implement new employment practices to ensure compliance with federal labor laws, thereby preventing future misclassification of workers.

Class ActionFair Labor Standards ActAgricultural WorkersIndependent ContractorsWage and HourSocial Security TaxesUnemployment BenefitsConsent DecreeSettlement AgreementEmployee Misclassification
References
3
Case No. MISSING
Regular Panel Decision
Jun 28, 2011

Commissioners of the State Insurance Fund v. Ramer

The plaintiff insurer moved for summary judgment seeking $161,776.75 in unpaid workers' compensation premiums. Defendants disputed the audit, claiming improper billing for two subcontractor employees and misclassification of one of their own employees. The court found that the subcontractor employees were correctly billed as they were explicitly excluded from the subcontractor's policy. Furthermore, the court determined that defendants had failed to exhaust administrative remedies regarding the misclassification argument, making it inappropriate for judicial review. Consequently, the Supreme Court's denial of the plaintiff's motion for summary judgment was reversed on appeal, and the motion was granted.

Workers' Compensation InsurancePremium DisputesSummary JudgmentAppellate ReviewAdministrative RemediesEmployee MisclassificationSubcontractor LiabilityInsurance AuditsContract InterpretationJudicial Review
References
1
Case No. MISSING
Regular Panel Decision

D. A. Elia Construction Corp. v. State

The petitioner, a highly experienced public work contractor, appealed a determination by the Commissioner of Labor finding willful violations of the State’s prevailing wage rate law. The Commissioner found that the petitioner underpaid 14 employees by misclassifying them as laborers when they should have been in higher-paid categories, imposing a 20% civil penalty. Petitioner argued the misclassification was an honest mistake by an inexperienced job superintendent, lacking proof of awareness by a company officer. However, the court found that the petitioner should have been aware of the violations based on daily reports submitted by the superintendent which clearly showed the misclassifications. The court affirmed the Commissioner's finding of willfulness, stating that sufficient evidence existed to conclude the petitioner at least should have known about the violations, and dismissed the petition.

prevailing wage lawemployee misclassificationwillful violationDepartment of Laborpublic works contractorcontractor liabilitysuperintendent responsibilitywage underpaymentadministrative reviewjudicial review
References
2
Case No. MISSING
Regular Panel Decision

Baasch v. United States

Plaintiff Thomas L. Baasch commenced an action to recover interest and penalties paid to the Commissioner of Internal Revenue for the 1981 and 1982 tax years. Plaintiff argued that his employer, TII Corporation, improperly classified him as an independent contractor, which caused a delay in filing and paying his tax returns, and therefore, the IRS should not hold him accountable for the interest and penalties. The defendant, United States of America, conceded the misclassification but contended that the plaintiff still had an obligation to timely file and pay his taxes, regardless of his employment status. The Court found that the employer's misclassification did not relieve the plaintiff of his obligation to comply with tax laws. Furthermore, the Court determined that the plaintiff's explanation did not constitute reasonable cause for the failure to file or pay, and thus he was not entitled to a refund of the interest and penalties. Accordingly, the Court granted summary judgment in favor of the defendant.

Income TaxTax PenaltiesTax InterestSummary JudgmentTax LiabilityIndependent ContractorEmployee MisclassificationInternal Revenue ServiceTax ReturnsFailure to File
References
8
Case No. MISSING
Regular Panel Decision

Mandelkow v. Child & Family Services

Plaintiffs, trustees of a workers' compensation insurance trust, sued a former member (defendant) for breach of trust agreement and unjust enrichment, alleging underpaid premiums due to employee misclassification. Defendant counterclaimed, alleging violations of General Business Law § 349 and breach of implied duty of good faith. The Supreme Court initially granted defendant's motion to dismiss the complaint but later, upon reargument, granted plaintiffs' cross-motion to dismiss defendant's counterclaims. On appeal, the higher court affirmed the dismissal of the complaint, finding plaintiffs lacked authority under the trust agreement to retroactively seek premiums based on misclassification. The court also affirmed the dismissal of defendant's counterclaims, concluding the General Business Law claim involved a private dispute and no implied obligation was breached regarding audits.

Workers' CompensationTrust FundBreach of ContractUnjust EnrichmentSummary JudgmentEmployee MisclassificationRetroactive BillingGood Faith and Fair DealingGeneral Business LawAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Andel v. Patterson-UTI Drilling Co.

Plaintiffs Richard Andel, Jimmy Flukinger, Jerry Krogsgaard, and Delbert Lawrence sued Defendant Patterson-UTI Drilling Co., LLC, for minimum and overtime wages under the Fair Labor Standards Act, alleging misclassification as independent contractors. Plaintiffs sought conditional certification for a collective action. Magistrate Judge Nancy K. Johnson recommended denial, finding that determining employee status under the 'economic realities test' required individualized analysis for each putative plaintiff, which would not serve judicial economy. Senior District Judge John D. Rainey adopted this recommendation, overruling Plaintiffs' objections and denying the motion for conditional certification, concluding that the individualized inquiries precluded a collective action.

FLSAcollective actionconditional certificationindependent contractoremployee misclassificationeconomic realities testjudicial economyovertime wagesfederal courtsdistrict court
References
33
Case No. MISSING
Regular Panel Decision

Bynum v. Maplebear Inc.

Plaintiff Melody Bynum initiated an action against Instacart, alleging misclassification as an independent contractor and unpaid overtime wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Instacart moved to compel arbitration based on an independent contractor agreement. The court found the arbitration agreement valid, despite being a contract of adhesion, as Bynum had a reasonable opportunity to review and sign it. The court, however, severed the unconscionable venue, fee-splitting, and fee-shifting clauses of the agreement based on the parties' stipulation. It affirmed that FLSA claims are arbitrable and that the dispute falls within the broad scope of the arbitration agreement, ultimately granting Instacart's motion to compel arbitration and staying the case.

ArbitrationEmployment ContractIndependent ContractorFLSANYLLWage ClaimsOvertime WagesUnconscionabilitySeverability ClauseFederal Arbitration Act
References
41
Case No. 3;15-cv-00048
Regular Panel Decision

Rouse v. Target Corp.

Plaintiffs Bobby Rouse and Nicole Garza initiated a collective action against Target Corporation, alleging misclassification under the FLSA regarding overtime pay. Following Rule 68 Offers, a judgment was entered. Plaintiffs then sought attorney's fees and costs. The Court, presided over by Judge George C. Hanks, Jr., reviewed the requested fees for attorneys Rhonda H. Wills and Genevieve B. Estrada, finding their hourly rates reasonable but noting issues with documentation, excessive, and duplicative hours, leading to a 50% reduction in billed attorney hours. Ultimately, the motion was granted in part and denied in part, awarding Plaintiffs $23,750.00 in fees and $1,161.73 in court costs.

Attorney's FeesCostsFLSAFair Labor Standards ActOvertime PayCollective ActionRule 68 Offer of JudgmentLodestar MethodBilling JudgmentReasonable Hourly Rate
References
35
Case No. 04 MD 1653(LAK)
Regular Panel Decision

Edwards v. Publishers Circulation Fulfillment, Inc.

This action was brought by present and former newspaper delivery drivers against Publishers Circulation Fulfillment, Inc. (PCF), alleging misclassification as independent contractors rather than employees, which led to violations of the New York Labor Law concerning compensation deductions and required payments. The plaintiffs sought class certification, arguing that common evidence, such as Independent Contractor Agreements and training materials, could prove PCF's control over them. However, the court determined that New York law requires an individualized assessment of the actual degree of control exercised by the employer, not merely the reserved right to control. Consequently, the court denied the motion for class certification, finding that individual issues would predominate over common ones, making a class action unsuitable.

Class ActionIndependent Contractor ClassificationEmployee MisclassificationNew York Labor LawWage and Hour DisputesClass Certification DenialRight to Control TestPredominance RequirementTypicality RequirementRule 23(a)
References
32
Case No. MISSING
Regular Panel Decision

Brennan v. Metropolitan Life Insurance

Seven plaintiffs, former freelancers for MetLife, sued the company, its benefit plans, and plan administrators under ERISA, alleging misclassification as independent contractors and denial of employee benefits. They also sought statutory penalties for unprovided plan documents and, for two plaintiffs, overtime compensation under New York Labor Law. The court granted the defendants' motion to dismiss, ruling that the ERISA claims were time-barred. It found that the statute of limitations began when plaintiffs signed independent contractor agreements, which clearly repudiated their eligibility for benefits, making their claims accrue well over six years prior to the lawsuit. Consequently, claims for statutory penalties were also dismissed for lack of a colorable claim for benefits, and the court declined supplemental jurisdiction over the state law claims.

ERISA LitigationEmployee BenefitsIndependent Contractor ClassificationStatute of LimitationsAccrual of Cause of ActionRepudiation of BenefitsMotion to DismissSupplemental JurisdictionFederal Civil ProcedureNew York Labor Law
References
22
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