With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more
The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.
The Massachusetts...more
The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification.
In particular, as state legislatures...more
1/7/2021
/ ABC Test ,
Class Action ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
Preliminary Injunctions ,
Trucking Industry ,
Unions
In an opinion issued on July 9, 2020, the District Court of New Jersey granted class certification for a group of delivery drivers who allege they were incorrectly classified independent contractors.
In the opinion, the...more
New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed...more
9/19/2019
/ Anti-Retaliation Provisions ,
Damages ,
Employer Liability Issues ,
Independent Contractors ,
Misclassification ,
Penalties ,
Rebuttable Presumptions ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour ,
Wage Theft ,
Wage Theft Prevention Act