NEW YORK v. SCALIA

1:20-cv-1689-GHW.

490 F.Supp.3d 748 (2020)

State of NEW YORK, Commonwealth of Pennsylvania, State of California, State of Colorado, State of Delaware, District of Columbia, State of Illinois, State of Maryland, Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island, State of Washington, State of Vermont, and Commonwealth of Virginia, Plaintiffs, v. Eugene SCALIA, Secretary of the United States Department of Labor, United States Department of Labor, and United States of America, Defendants, and International Franchise Association, the Chamber of Commerce of the United States of America, HR Policy Association, National Retail Federation, Associated Builders and Contractors, and American Lodging and Hotel Association, Intervenor-Defendants.

United States District Court, S.D. New York.

Signed September 8, 2020.


Attorney(s) appearing for the Case

Fiona Jeannette Kaye , Matthew Colangelo , Julie Rivchin Ulmet , NYS Office of the Attorney General, New York, NY, for Plaintiff State of New York.

Nancy A. Walker , Pennsylvania Office of Attorney General, Ryan B. Smith , Pennsylvania Office of Attorney General Fair Labor Section, Philadelphia, PA, for Plaintiff Commonwealth of Pennsylvania.

Jennifer C. Bonilla , California Department of Justice, San Diego, CA, for Plaintiff State of California.

Eric Olson , Colorado Department of Law, Denver, CO, for Plaintiff State of Colorado.

Christian Douglas Wright , Delaware Department of Justice, Wilmington, DE, for Plaintiff State of Delaware.

Kathleen Konopka , DC Office of the Attorney General, Washington, DC, for Plaintiff District of Columbia.

Alvar Ayala , Illinois Attorney General's Office, Chicago, IL, for Plaintiff State of Illinois.

Jeffrey Paul Dunlap , Office of the Attorney General, Baltimore, MD, for Plaintiff State of Maryland.

Andrew H. Cahill , Attorney General's Office, Boston, MA, for Plaintiff Commonwealth of Massachusetts.

Zachary A. Risk , Matthew Lee Walker , Michigan Attorney General, Lansing, MI, for Plaintiff State of Michigan.

Jonathan Dean Moler , Minnesota Attorney General's Office, St. Paul, MN, for Plaintiff State of Minnesota.

Estelle Bronstein , Nj Office of the Attorney General, Trenton, NJ, for Plaintiff State of New Jersey.

Tania Maestas , NM Office of the Attorney General, Santa Fe, NM, for Plaintiff State of New Mexico.

Marc Abrams , Oregon Department of Justice, Salem, OR, for Plaintiff State of Oregon.

Justin James Sullivan , RI Department of Attorney General, Providence, RI, for Plaintiff State of Rhode Island.

James Mills , WA State Attorney General Office, Tacoma, WA, Jeffrey T. Sprung , State of Washington, Attorney General's Office, Seattle, WA, for Plaintiff State of Washington.

Julio A. Thompson , State of Vermont Office of the Attorney General, Montpelier, VT, for Plaintiff State of Vermont.

Mamoona Siddiqui , Office of the Attorney General, Richmond, VA, for Plaintiff Commonwealth of Virginia.

Natasha Waglow Teleanu , United States Attorney's Office, New York, NY, for Defendants.

Eli Zev Freedberg , Littler Mendelson, P.C., New York, NY, Maurice Baskin , Littler Mendelson, Washington, DC, for Intervenor-Defendants.


MEMORANDUM OPINION AND ORDER

For more than eighty years, the Department of Labor (the "Department") has recognized that multiple employers may qualify as "joint employers" under the Fair Labor Standards Act (the "FLSA"). Suppose, for instance, that an employee works for a subcontractor and...

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