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What’s Old is New Again: Labor Department Flip-Flops on Independent Contractor Analysis

The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards...more

DOL Announces Plan to Issue New Independent Contractor Final Rule

The U.S. Department of Labor (DOL) has announced its intention to issue a new final rule regarding the employee-vs.-independent contractor analysis under the Fair Labor Standards Act (FLSA)....more

Virginia Task Force Releases Recommendations To Address Worker Misclassification

Virginia Governor Ralph Northam’s Inter-Agency Taskforce on Worker Misclassification and Payroll Fraud has offered 11 recommendations in its report on employee misclassification. In August 2019, the Governor reconstituted...more

New Jersey Task Force On Independent Contractor Misclassification Releases Report, Recommendations

The New Jersey “Task Force on Employee Misclassification” has released its report on misclassification, offering 10 recommendations. The Task Force, established in May 2018, was charged with providing recommendations to...more

Tennessee Adopts 20-Factor Test in Independent Contractor Analysis

Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective...more

Indiana Supreme Court Rules Driver Not Employee Of Business Connecting Drivers With Customers

A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled....more

Court Decertifies Class Of Female Drivers’ Hostile Work Environment Claims, Trims Retaliation Claims

Finding that the case involved “actions perpetuated by one individual against another individual in an isolated environment, not conduct in a common environment directed against several women at once,” Chief Judge Leonard...more

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