Merkt v. Cosimco Stores, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the FLSA claims brought against the defendants by security guards employed by subcon- tractors “hinges on a third test, first developed in Zheng”
• observing that it is reasonable to conclude that security guards who greet customers and assist store managers do not 23 possess “specialized skills” distinct from those of ordinary retail employers
• finding Zheng’s functional control factors relevant when determining whether a contractor and subcontractor have joint employer status
• “satisfying [the formal control] test is sufficient, but not necessary, to show joint employment.”
• describing the Brock factors as relevant for “distinguishing between independent contractors and employees”
• “Because Carter defines employment more narrowly than the FLSA requires, satisfying this test is sufficient . . . to show joint employment.”

Source: CourtListener parenthetical corpus (CC0).