Wage and Hour, Third-Party Service Provider, Fair Labor Standards Act (FLSA)

Home Care Agencies and Their Clients Could Get Relief Through DOL Proposal to Reinstate Companionship, Live-In Exemptions

Jackson Lewis P.C. on 9/3/2025

The “companionship services” exemption to Fair Labor Standards Act (FLSA) minimum wage and overtime requirements would again be available to third-party agencies that employ home caregivers and live-in domestic service...more

Wisconsin Wage And Hour Law: Rounding Employee Time

Jackson Lewis P.C. on 3/19/2021

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other...more

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

Spilman Thomas & Battle, PLLC on 6/19/2019

In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more

Tech Support Independent Contractor Class Claims Climbing

Nilan Johnson Lewis PA on 5/21/2019

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”)...more

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

Holland & Knight LLP on 5/6/2019

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

Ballard Spahr LLP on 5/2/2019

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

U.S. Department of Labor Opines: Gig Economy Workers for Virtual Marketplace Company Have “Economic Independence”; Are Not...

Hogan Lovells on 5/2/2019

In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers. Applying a six-factor test derived from U.S....more

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

Proskauer - Law and the Workplace on 4/30/2019

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

Big News for the Home Health Industry: Federal Judge Vacates the DOL's Companionship Services Regulations on Minimum Wage and...

Ward and Smith, P.A. on 1/20/2016

As 2014 wound to a close, the United States District Court for the District of Columbia issued a significant decision impacting third-party agencies that provide in-home care to the elderly and ailing. On December 22, 2014,...more

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

McCarter & English, LLP on 9/3/2015

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

Wage and Hour › Third-Party Service Provider › Fair Labor Standards Act (FLSA)

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