Labor/Employment,
9th U.S. Circuit Court of Appeals
Oct. 28, 2021
9th Circuit helps clarify employer willfulness under FLSA
A recent ruling suggests that prior audits — even audits applying an appropriate legal standard — may be of limited usefulness in combatting a finding of willfulness if the employer subsequently receives notice of potential violations.
On Oct. 5, the U.S. Department of Labor presented oral argument before the 9th U.S. Circuit Court of Appeals in Walsh v. Wellfleet Communications, 20-16385 on whether telecommunications personnel qualified as employees or independent contractors under the Fair Labor Standards Act. But what was expected to be one of the DOL's most recent attempts at clarifying its ever-evolving definition of "employee" ultimately became more notable for the ...
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