News & Analysis as of

Wage and Hour Independent Contractors

Whiteford

Employment Law Update: U.S. Department of Labor Unveils Its Regulatory Agenda

Whiteford on

Employers around the country may have breathed a sigh of relief upon learning of the DOL’s regulatory agenda released yesterday. Claiming to put “American Workers, Businesses First…,” the DOL confirms it will be undoing...more

Hogan Lovells

Global guide: Independent contractors, potential misclassification issues, and labor implications

Hogan Lovells on

In today's labor market, classifying workers as employees or independent contractors is crucial, especially in diverse legal landscapes like the U.S., the UK, Spain, Germany, Mexico, the Netherlands, Italy and France. ...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

ArentFox Schiff

No Trip, No Commission: Massachusetts Court Reinforces That a Commission Not Yet Due Is Not Payable – and Not Protected by the...

ArentFox Schiff on

A recent decision by the Massachusetts Superior Court in Ford v. Vacationeer, LLC, et al. confirmed that commissions are not due or payable as wages until they are definitely and arithmetically determinable, and commissions...more

Maynard Nexsen

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

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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

Amundsen Davis LLC

National State Employment Law Update – Changes to Look Out for in the Second Half of 2025

Amundsen Davis LLC on

As employers keep their eye on compliance, below are some notable employment law changes that will be effective in the coming months. Arkansas - Effective August 4, 2025 - Senate Bill 598 (S.B. 598) requires an employer or...more

Littler

California Supreme Court Issues Decision on Good-Faith Defense for Minimum Wage Violations and Enforcement of Paid Leave...

Littler on

In Iloff v. LaPaille, the California Supreme Court addressed when “liquidated” or double damages may be avoided by an employer for minimum wage violations and how employees can pursue paid leave claims under California’s...more

Conn Maciel Carey LLP

[Event] In-Person Breakfast Briefing: Wage & Hour Update - September 17th, Washington, DC

Conn Maciel Carey LLP on

Navigating wage and hour compliance is more complex than ever. This complimentary, interactive in-person briefing goes beyond the basics to explore the real-world challenges employers are facing today. Led by our dedicated...more

Fisher Phillips

10 Steps for Built-to-Sell Tech Startups to Lock Down Employment Law Compliance

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You’ve built a great product, assembled a talented team, and maybe even caught the attention of investors or potential buyers. But your code or growth metrics will only get you so far if your company is not a compliant...more

Troutman Pepper Locke

Health Care Industry Under Attack for Independent Contractor Misclassification: July 2025 IC Legal News Update

Troutman Pepper Locke on

Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more

Troutman Pepper Locke

Comments Submitted to New Jersey’s Proposed Regulation Expanding “ABC Test for Independent Contractor Status”

Troutman Pepper Locke on

The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more

Brooks Pierce

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

Brooks Pierce on

Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

Jackson Lewis P.C. on

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

Miller Nash LLP

[Webinar] Construction Series—Navigating Oregon's New Construction Labor Payment Law (SB 426) - August 20th, 8:30 am - 9:30 am PT

Miller Nash LLP on

Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly...more

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Roetzel & Andress

Trucking Companies Face Growing Wage & Hour Class Action Risks

Roetzel & Andress on

Are you a trucking company? If so, you may be exposed to class action lawsuits for minimum wage, break time, and overtime violations. Trucking companies are essential to our national economy and security. However, trucking...more

Jackson Lewis P.C.

NYC Council Passes Bills Expanding Minimum Pay Protections to App-Based Grocery Delivery Workers

Jackson Lewis P.C. on

The New York City Council has passed a several bills that would extend pay and other protections to many more app-based delivery workers and entitle them to a minimum pay-rate of $21.44 per hour. In December 2023, New York...more

Genova Burns LLC

July 2025 Labor and Employment Law Update

Genova Burns LLC on

Although developments at the federal level are getting most of the headlines, New Jersey employers should continue to monitor legislative developments coming out of Trenton since most federal law changes are not usurping or...more

Snell & Wilmer

Colorado’s HB25-1001 Makes Additional Changes to the State’s Wage and Hour Laws

Snell & Wilmer on

This client alert, the third in our series on Colorado employment law changes from the 2025 Colorado Legislative Session, analyzes other significant legislative changes. Our previous alerts addressed new liability for owners...more

Troutman Pepper Locke

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC...

Troutman Pepper Locke on

Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal...more

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

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I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more

Kohrman Jackson & Krantz LLP

DOL Scales Back Enforcement of Independent Contractor Rule: What Employers Should Know

The U.S. Department of Labor (DOL) has announced a significant shift in how it will approach enforcement of independent contractor classifications under the Fair Labor Standards Act (FLSA). While the 2024 rule issued under...more

Snell & Wilmer

Employers Face New Fines Under Colorado Wage and Hour Laws for Misclassifying Employees as Independent Contractors

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What Happened Employers may incur new fines for misclassifying employees as independent contractors under a new Colorado law. On May 22, 2025, Governor Polis signed HB25-1001, which creates new fines starting at $5,000 per...more

BakerHostetler

Supermodel, Werk! New York’s Fashion Workers Act Takes Effect

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Brands and agencies, take note: On June 19, the New York State Fashion Workers Act (Act) – a law aimed at implementing workplace, wage, and hiring protections for individuals who provide modeling services in New York – went...more

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