A recent trend in employment law is the proliferation of litigation under the Fair Labor Standards Act. Pennsylvania appears to be one of the central battle grounds for FLSA litigation, with the recent lawsuits involving overtime payments in the health care industry, among others.
Under the FLSA, employees working more than 40 hours in a week are entitled to overtime payments. While there are a number of exemptions within the act for salaried employees, it is fundamental that only individuals classified as an “employee” can even be considered for overtime. The ongoing litigation in Bamgbose v. Delta-T Group Inc. addresses the test applied by courts in the 3rd Circuit for determining whether individuals are “independent contractors” and therefore, not eligible for overtime payments, or are correctly classified as “employees,” who would be eligible for overtime.
Wide Range of Workers
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