3rd Circ. Says Gov't Contractor Needs To Face FLSA Suit

By Bill Wichert (December 8, 2020, 6:17 PM EST) -- The Third Circuit has upended a Pennsylvania federal court ruling that a business wasn't a joint employer to Medicaid-funded home care workers and thus didn't have to face class claims it failed to pay them overtime, saying jurors could find otherwise based on the company's role in the program.

In a nonprecedential opinion, a circuit panel on Monday overturned U.S. District Judge Jeffrey L. Schmehl's Jan. 28 decision granting summary judgment to Public Partnerships LLC in a proposed class action from Ralph Talarico, noting that PPL establishes rules for the direct care workers, sets their working conditions and maintains their records....

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