Chapman v. Yellow Cab Cooperative

875 F.3d 846 (7th Cir. 2017)


Edwards owns a taxicab. Yellow Cab Cooperative (D) refers business to his cab. Edwards leased the cab to Parashu Giri, who subleased some of the time to P. Giri and P shared the cab so that it could be in service much of the day. P received fares and tips from passengers, paid rent to Giri, and kept the difference; he did not pay anything to D or receive anything from it. P sued D. P contends that under the Fair Labor Standards Act that this arrangement makes him an 'employee' of D. P alleges that, after he complained about not receiving the minimum wage, Ali Mohamed, the President of D, told Giri that P was 'fired.' Giri then terminated the sublease. P submits that Mohamed's action violates the Act's antiretaliation clause, 29 U.S.C. §215(a)(3). The Judge directed P to file a new complaint. On the amended complaint, another judge held that P 'must provide more detailed and thorough allegations before the claim can be permitted to proceed.' P had not discussed all of the 'factors' identified in Secretary of Labor v. Lauritzen as potentially relevant to the distinction between an employee and an independent contractor. The judge ordered P to file yet another complaint. It was filed and dismissed with prejudice.