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Courts Expand on Meaning of 'Employee'

By ALM Staff | Law Journal Newsletters |

Are welfare recipients who participate in mandatory Work Experience Programs (WEP) protected by statutes such as Title VII and the FLSA? In an expansive reading of the definition of employees, two federal courts recently ruled that such “workers” are “employees” within the meaning of the federal statutory scheme and, therefore, may seek relief for discrimination at the workplace or for compensation for excess work.

In the first case, the Second Circuit held that an employer-employee relationship exists when a person is compelled to work in order to receive certain benefits, even if such benefits stem from public assistance. United States v. City of New York, 359 F.3d 83 (2d Cir. 2004). In the other case, a Northern District judge held that the FLSA may allow WEP participants to seek compensation for work performed in excess of the program's mandated number of hours. Stone v. McGowan, 2004 WL 415227 (N.D.N.Y. 3/2/04) (Mordue, J.)

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