When Are Law Firm Partners Not Partners?
Monday, July 17, 2017

The issue of who is a “partner” and thus not an employee continues to vex professional firms.   Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse workplace decision.  Then, they may choose to describe their situation as employees, not non-employee owners.  The distinction between employee and “partner” or owner status is a factual one.

A Court recently directed that limited discovery be conducted to explore where the line should be drawn for claims under Title VII and FLSA protection.  Campbell v. Chadbourne & Parke LLP, 16-cv-6832 (Oetken, J.).   Finding that titles are not determinative of “employee” status, the parties were directed to conduct limited discovery as to the long established “Clackamas” factors including:

  • whether the firm can “hire or fire the individual or set the rules and regulations of the individual’s work,”
  • whether the individual reports to someone “higher” in the firm,
  • whether the individual “is able to influence” the firm, and
  • whether “the individual shares in the profits, losses, and liabilities” of the firm.
 

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