Tenth Circuit Compels Arbitration in Overtime, Joint Employer Case

By on December 28, 2021
Posted In Employment, Labor

A recent US Court of Appeals for the Tenth Circuit ruling determined that a pipeline inspector’s Fair Labor Standards Act (FLSA) lawsuit against an energy company could not be adjudicated without involving the subcontractor that paid his wages. According to this Law360 article, the Tenth Circuit ruled that the inspector was trying to play “fast and loose with the courts” and using his subcontractor contract “to his advantage when it suits him and disavow it when it does not.” McDermott Partner Rachel Cowen represented the subcontractor.

Access the article.

Rachel B. Cowen
Rachel B. Cowen focuses her practice in various employment discrimination and wrongful termination cases in federal and state courts. Rachel’s experience includes prosecuting and defending employee mobility and trade secret litigation on an emergency injunctive basis. She also counsels employers facing union organizing activity and picketing, and has successfully tried numerous cases before the National Labor Relations Board. She also handles collective bargaining and labor arbitrations. Additionally, Rachel represents financial services companies and professional engineering firms in unfair competition cases. Read Rachel Cowen's full bio.

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