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Wage and Hour Independent Contractors Compensation & Benefits

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

Polsinelli

New York State’s Fashion Workers Act Effective Summer 2025

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Governor Hochul signed legislation titled the “New York State Fashion Workers Act” (the “Act”), which has a widespread impact on the modeling industry as it relates to compensation, contractual restrictions, and other...more

Holland & Knight LLP

Amendment to the Federal Labor Law Related to Digital Platforms in Mexico

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An amendment to the Federal Labor Law (LFT) regarding digital platforms in Mexico was published on Dec. 24, 2024 in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF). It regulates all activities...more

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

CDF Labor Law LLP on

Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Epstein Becker & Green

Freelance Isn’t Free Act Soon Takes Effect Throughout New York State

For employers doing business in New York, the “Freelance Isn’t Free” Act (the “Act”) signed into law by Governor Kathy Hochul in March of this year may have stirred up memories of the New York City ordinance enacted just a...more

Fox Rothschild LLP

Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?

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I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it deems “independent contractors” under its...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Littler

More Changes to Minnesota’s Employment Laws are Imminent

Littler on

In recent years, Minnesota has enacted sweeping legislation impacting Minnesota employers at a break-neck pace.  As the most recent legislative session came to a close, another set of new and supplemental laws was passed and...more

Fox Rothschild LLP

Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act

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A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

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The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Cole Schotz

Big News For NJ Employers – NJ AG Files First Complaint Under the Enhanced State Labor and Benefits Laws

Cole Schotz on

On December 11, 2023, the New Jersey Attorney General’s Office filed its first lawsuit under the State’s enhanced labor laws permitting it to commence actions against employers in Superior Court for misclassifying workers as...more

Gould + Ratner LLP

Illinois Employers Will Face Expansive New Obligations in 2024

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On August 30, 2023, the DOL announced a notice of proposed rulemaking that would increase the salary basis threshold under the Fair Labor Standards Act (FLSA) for “white collar” exemptions (executive, administrative and...more

McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

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The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Fox Rothschild LLP

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

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In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

Stradling Yocca Carlson & Rauth

Top 5 Employment Law Mistakes For Start Ups to Avoid

Congratulations on your new business! While you have many things on your mind, it is important to remember that you are subject to California employment laws. As you likely already know, these laws are some of the most...more

Farella Braun + Martel LLP

California Employers Face Various New Laws in January 2021

The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for...more

Fisher Phillips

Paying Gig Workers In Company Stock Might Soon Be An Attractive Option (Emphasis On “Might”)

Fisher Phillips on

The federal government has taken another step to further incentivize highly skilled workers to join the gig economy: it has proposed rules that would permit publicly held gig companies to offer equity compensation to their...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Fisher Phillips

What Gig Economy Companies Are Doing During The COVID-19 Outbreak

Fisher Phillips on

Last week we gave you a seven-step action plan for how gig economy companies can respond to the COVID-19 coronavirus outbreak. A lot has changed in a week, so now it’s time to take a look around the industry to see how gig...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

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Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Seyfarth Shaw LLP

California Employment Legislative Update: Governor Newsom Gets to Work

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired...more

Best Best & Krieger LLP

Public Agency Board Members’ Worker Classification Matters for Tax Purposes

Due to the IRS’ different treatment of private sector and public agency boards of directors, it comes as little surprise that many California special districts and public agencies continue to classify their board members as...more

Littler

WPI Labor Day Report 2018

Littler on

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more

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