Navigating Contractor vs. Employee Classification
Multijurisdictional Employers, Part 1: Independent Contractors vs. Employees
Are Reality TV Contestants Independent Contractors or Employees? From Pods to Paychecks With Love Is Blind — Hiring to Firing Podcast
AGG Talks: Cross-Border Business Podcast - What Foreign Investors Need to Know About U.S. Independent Contractor Laws
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
State AG Pulse | AGs Clock In On Wages
Podcast - California Employment News: The Employment Start-Up Kit for Start-Ups – Part 1
California Employment News: The Employment Start-Up Kit for Start-Ups – Part 1
Clocking in with PilieroMazza: The NLRB Strikes Again: Reasons to Revisit Independent Contractor Classifications
Top 5 Employment Challenges in 2023 for Government Contractors
DE Under 3: Trump Admin Independent Contractor Rule Back; Non-binary Reporting & the OFCCPs New Pay Equity Directive
#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities - Employment Law This Week®
Looking back at 2021 and ahead to 2022
#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This Week®
#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification - Employment Law This Week®
Episode 16 | The Basics for Building Your Workforce
#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment Law This Week®
Williams Mullen Manufacturing Edge Video Series - Episode 1
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
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more
I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to be a joint employer. Another...more
Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more
On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more
Agency workers are a great option for high-growth companies looking to expand globally. It gives access to the best talent irrespective of location, and lets companies test new markets and remain flexible without the burden...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that...more
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more
Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more
New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more
On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more
On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more
Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more
On Wednesday, June 7, 2017, the U.S. Department of Labor (“DOL”) withdrew two administrator interpretations published during the Obama Administration that had significantly narrowed the definition of independent contractor...more
The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more
The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more
The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more
On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more
The U.S. Department of Labor (“DOL”) announced today that it was rolling back an Obama-era policy that attempted to increase regulatory oversight of joint employer and contractor businesses....more
Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more
The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more
The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more
In February 2016, two federal appellate courts ruled in favor of companies in IC misclassification cases: one where the NLRB was reversed in a decision where the agency had found stagehands to be employees and not ICs; the...more
Joint employers beware… A recent case settled by the United States Department of Labor (DOL) Wage and Hour Division highlights how companies who outsource labor to staffing agencies may want to take precautions to ensure they...more