Richard Reibstein and Janet Barsky (both of New York) secured a decision denying class certification and dismissing a lawsuit brought against one of the largest au pair agencies in the United States. The Locke Lord team was retained as special independent contractor counsel to represent the company in federal court in Massachusetts, where local childcare consultants (LCCs) claimed they had been misclassified as employees and paid less than the applicable minimum wage. The team advised on the status of the LCCs as independent contractors and a range of defenses to the plaintiffs' motion for class and collective certification. The court found the plaintiffs were not similarly situated to other LCCs and had failed to establish they had received less than the minimum wage.
Posted on August 4, 2021