Chapman v. Yellow Cab Cooperative

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

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

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.