News & Analysis as of

Wage and Hour Joint Employers Subcontractors

Stoel Rives -  Ahead of Schedule

Oregon Senate Bill 426 Would Make Owners and Prime Contractors Liable for Unpaid Wages Owed by Those They Hire

Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature....more

Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

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

Beltway Buzz - May 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Jackson Lewis P.C.

NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

Jackson Lewis P.C. on

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

Quarles & Brady LLP on

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more

BakerHostetler

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

BakerHostetler on

For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

Fox Rothschild LLP on

When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Fox Rothschild LLP

In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?

Fox Rothschild LLP on

I do a lot of prevailing wage defense, both of general contractors and subcontractors on construction projects. A difficult, very nuanced, very gray area of the law. One danger that lurks not that far under the surface is,...more

Littler

New York’s General Contractors are Jointly Liable for Construction Worker Wages

Littler on

Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more

Rivkin Radler LLP

NY Law Now Holds GCs Liable for Subcontractors’ Labor Law and Wage Obligations

Rivkin Radler LLP on

On September 9, 2021, Governor Hochul signed into law a new wage protection statute which added a new section to the New York Labor Law. Section 198(e) holds construction contractors liable for all claims under Labor Law...more

Roetzel & Andress

Department Of Labor Seeks To Rescind The Trump Administration’s Joint-Employer Rule

Roetzel & Andress on

The Department of Labor (DOL) has issued a proposed rule to rescind a Trump administration joint-employer rule. The joint-employer rule attempted to treat companies, like McDonald’s and FedEx, as joint employers of franchise...more

Perkins Coie

NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSA

Perkins Coie on

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

Bradley Arant Boult Cummings LLP

The Relationship Talk: DOL Issues New Rules on Joint Employer Status

When do your business relationships make you a joint employer? Fortunately, the DOL recently published a Notice of Proposed Rulemaking with changes to regulations regarding when two or more entities should be treated as...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

Baker Donelson

New Maryland Law Makes Construction GCs Liable for Subcontractors' Wage and Hour Violations

Baker Donelson on

Under Maryland wage laws, if an employer fails to properly pay its employees, it may be liable for up to three times the wages owed to the employee, plus attorneys' fees and costs. Employees may file a lawsuit against their...more

Sheppard Mullin Richter & Hampton LLP

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

BakerHostetler

"A to Z" of What California Employers Need to Know for 2018

BakerHostetler on

With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2018. Effective January 1, 2018, California’s Fair Pay Act will extend...more

Foley & Lardner LLP

Another Joint Employment Development, And Still More Uncertainty

Foley & Lardner LLP on

For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more

Jackson Lewis P.C.

Top Five Labor Law Developments For October 2017

Jackson Lewis P.C. on

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled,...more

Haynsworth Sinkler Boyd, P.A.

Court Finds General Contractor Liable For Subcontractor’s Employees

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor...more

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

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor...more

Best Best & Krieger LLP

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Ward and Smith, P.A.

Joint Employment: Are Your Subcontractors Leaving You at Risk?

Ward and Smith, P.A. on

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Littler on

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide