Alison Silveira

Seyfarth Shaw LLP

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Latest Posts › Misclassification

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Massachusetts Business Litigation Session Rejects “ABC Test” for Joint Employer Status

In an attempt to extend the reach of state wage/hour laws to reach more defendants, Plaintiffs’ lawyers have sought to expand the employment relationship in a variety of ways. ...more

4/13/2020 / ABC Test , Employer Liability Issues , Independent Contractors , Joint Employers , Misclassification , Wage and Hour

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

5/24/2019 / ABC Test , Employee Definition , Employer Liability Issues , Employment Litigation , Independent Contractors , Minimum Wage , Misclassification , Over-Time , Risk Management , Wage and Hour

DOL Guidance On Employer Status Of Caregiver Registries: Foreshadowing A More Tolerant Independent Contractor Approach

Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether...more

8/2/2018 / Department of Labor (DOL) , Employee Definition , Fair Labor Standards Act (FLSA) , Field Assistance Bulletins , Home Health Care , Home Healthcare Workers , Independent Contractors , Misclassification , Wage and Hour

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