Court Says Unclear Whether FLSA Claimant Was Employee or Independent Contractor

Whether an electrician who worked on a project for a heating, ventilation, and air conditioning service provider was its employee for Fair Labor Standards Act purposes is a question for trial, the U.S. District Court for the District of Delaware decided Oct. 26 (Cherichetti v. PJ Endicott Co.).

Judge Richard G. Andrews denied summary judgment to PJ Endicott Co. on Mark Cherichetti’s FLSA claims that the company underpaid him for regular time and failed to pay him overtime.

To determine whether Cherichetti was an employee or independent contractor, the district court applied the six-factor test described by the ...