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Employer Liability Issues Employee Definition Minimum Wage

Troutman Pepper Locke

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

Goodwin

DOL Proposes Rule Regarding Independent Contractor Status

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​​​​​​​The Wage and Hour Division of the U.S. Department of Labor (“DOL”) recently published a proposed rule (the “Proposed Rule”) that would modify DOL’s regulations for determining whether a worker is an employee or an...more

McAfee & Taft

Rewind, revise and clarify: DOL takes aim at independent contractor regs

McAfee & Taft on

This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more

Littler

Portland, Maine Voters to Decide on Raising Minimum Wage, Eliminating Tip Credit, and Classifying Ride-share and Delivery Drivers...

Littler on

The Portland, Maine City Council voted unanimously on August 8, 2022, to send five citizen-initiated referendums to voters in the November election. One of the referendums that will appear on the November 8 ballot – “An...more

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Bradley Arant Boult Cummings LLP

Prop 22 and Minimum Wage Hikes: What the Election Results Mean for Employers

In true 2020 style, this year’s general election was one for the history books. While the presidential race has been called in favor of President-Elect Joe Biden, the inevitable legal challenges are looming. Meanwhile,...more

Jones Day

Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

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The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more

Stinson LLP

Colorado Employers Face a Bevy of New State Laws

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Colorado's legislature has been busy implementing new laws that impact Colorado employers. Employers should review their policies and practices to come into compliance, and plan for future changes to keep pace with the law....more

Epstein Becker & Green

Virginia Becomes First Southern State to Ban Race Discrimination Based on Hair Texture, Type, and Styles

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First of Many Anticipated Employment Changes in Virginia, Including Expanded Coverage and Remedies for the Virginia Human Right Act and Minimum Wage Increases....more

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter – Winter 2019

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Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

Proskauer - California Employment Law

California Employment Law Notes - November 2019

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more

Cozen O'Connor

New Laws on Independent Contractors Could Be Coming to a City and State Near You

Cozen O'Connor on

Following in the footsteps of California, New York and Illinois are proposing their own versions of Assembly Bill 5 (AB5). The result could be a dramatic shift in how workers are classified. While these laws are intended to...more

Lewitt Hackman

Employment Defense: Workforce Classification

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The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.  Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more

Verrill

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

Verrill on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Fenwick & West LLP

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Stinson LLP

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

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Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Ballard Spahr LLP

Fitting a Square Peg Into a Round Hole: Worker Classification in the Gig Economy

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In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more

Littler

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Troutman Pepper Locke

Misclassification Claims Threaten Gig Economy Business

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The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

Bradley Arant Boult Cummings LLP

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

Jaburg Wilk

Are You Owed Overtime Wages?

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The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any...more

Rumberger | Kirk

Employee vs. Independent Contractor: How This Classification Is Bringing Legal Challenges To The Gig Economy

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The gig economy is a labor market characterized by temporary positions or freelance work with independent workers for short-term engagements as opposed to permanent jobs. Think Uber, Delivery Dudes, Taskrabbit, and Upwork. ...more

Buchalter

Restoring Common Sense To Determining Who is a Tipped Employee. Case Summary: Marsh v. J Alexander’s

Buchalter on

In Marsh v. J. Alexander’s, The Ninth Circuit issued a fundamentally important opinion supporting the hospitality industry nationwide. Specifically, the Ninth Circuit rejected the U.S. Department of Labor’s (“DOL”) disastrous...more

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