Brown v. Sears, Roebuck & Co.

ORDER

Robert Brown, Janet Diaz, and John Welling sued their employer, Diamond Exteriors, Inc., a subsidiary of Diamond Home Services, Inc. (collectively, “Diamond”), raising various compensation-related claims under federal and state law after Diamond went out of business. The plaintiffs also sued Diamond’s only client, Sears, Roebuck and Company (“Sears”). The dispute in this appeal is whether the employees of Diamond, an independent contractor, were also the employees of Sears. The district court granted Sears summary judgment, concluding that, because Sears was not the plaintiffs’ employer,…