Zheng v. Liberty Apparel Co. 2003

Zheng v. Liberty Apparel Co., 355 F.2d 61 (2d Cir.)

The Second Circuit Court of Appeals held that an entity can be a joint employer under the federal and New York minimum wage and overtime compensation laws even without formal control over hiring and firing, schedules, payment, and records. An “economic reality” determination required review of all of the circumstances including indications of functional control. The garment worker plaintiffs’ wage-and-hour claims were therefore reinstated.

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Zheng v. Liberty Apparel Co. 2003