News & Analysis as of

Employer Liability Issues State Labor Departments Misclassification

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Senate Bill S1514 Raises Specter of Stop-Work Orders for Employee Misclassification

On March 4, 2025, the New York State Senate passed S1514, which would empower the commissioner of labor to issue stop-work orders against employers that misclassify employees as independent contractors or provide false,...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

Genova Burns LLC on

On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Fox Rothschild LLP

Labor Department Announces Proposed Rules For Determining Independent Contractor Status

Fox Rothschild LLP on

The Department of Labor, Wage and Hour Division (DOL), on September 25, 2020 issued a proposed rule clarifying how to distinguish between employees and independent contractors under the Fair Labor Standards Act (FLSA). ...more

FordHarrison

New Jersey Enters Partnership with USDOL To Fight Worker Misclassification

FordHarrison on

Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of Labor and Workforce Development (LWD) entered into a...more

Seyfarth Shaw LLP

New Jersey’s Department Of Labor And Workforce Development Teams Up With USDOL To Combat Employee Misclassification

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Seyfarth Synopsis: On August 10, 2018, New Jersey’s Department of Labor and Workforce Development and the United States Department of Labor signed a cooperation agreement aimed at further increasing employee protections by...more

Proskauer - Law and the Workplace

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent...more

Parker Poe Adams & Bernstein LLP

North Carolina Federal Court Says State Wage Payment Claims Cannot Be Waived Through Private Release

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) is among the minority of federal appellate circuits that restricts the ability of employers and employees to release claims for unpaid...more

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