Free Newsletter
Torts: Fair Labor Standards Act-Standing-Independent Contractor
Staff Report//April 1, 2019//
Listen to this article
Where a plaintiff sued his former employer claiming that he was terminated in violation of the Fair Labor Standards Act and Minnesota Whistleblower Act as retaliation for his legal action against the company, summary judgment for the defendants is affirmed because the defendants put forth the plaintiff’s lack of productivity as a legitimate, non-retaliatory ground for termination, and the district court properly found that the plaintiff was an independent contractor so lacked standing for a claim under the MWA.
Judgment is affirmed.
Engelhardt v. Qwest Corporation (MLW No. 72959/Case No. 17-2492 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of Minnesota, Montgomery, J. (Vincent John Ella, Minneapolis, argued for appellant) (Elizabeth C. Carver, St Louis, argued for appellee).
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
