In Williams v. Jani-King, counsel for Jani-King has requested the Third Circuit en banc reconsider its decision to allow class certification to franchisees who claim to be employees, rather than independent contractors. Although the Third Circuit did not reach the merits of the case, which claims misclassification of the franchisees as independent contractors, the

36954475_sThe Wage and Hour Division of the Department of Labor has issued the much-anticipated Administrator’s Interpretation on Misclassification.

As the guidance makes clear, employers misclassifying employees as independent contractors remains a key enforcement priority of the DOL.  This focus is readily apparent as the guidance starts with several pages reiterating that the definition of