News & Analysis as of

Liquidated Damages Economic Realities Test

Maynard Nexsen

Court of Appeals Upholds $9.3 Million Award for Nurses Misclassified as Independent Contractors by Healthcare Staffing Agency

Maynard Nexsen on

Companies often must determine whether to treat workers as employees or independent contractors. Workers who are properly classified as independent contractors are not subject to wage and hour laws requiring overtime pay or...more

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

Jackson Lewis P.C. on

Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Proskauer - Law and the Workplace

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more

Fisher Phillips

Bad Week For Gig Businesses In Oregon

Fisher Phillips on

Last week was a bad week for gig economy companies in Oregon. It wasn’t just the post-holiday malaise that so many suffer from after having to return to work following a long, relaxing weekend that probably included eating...more

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