News & Analysis as of

Wage and Hour Unemployment Insurance Misclassification

Fox Rothschild LLP

2025 Minnesota Legislative Session: What Employers Need to Know

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Minnesota employers need to prepare for a number of changes beginning this fall, including increased financial penalties for misrepresenting unemployment benefits information. The changes are the result of amendments to...more

Stokes Wagner

Summer 2022 Georgia Employment Laws

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There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies. Act 823: Protecting Georgia Businesses and Workers Act - The Protecting Georgia Businesses...more

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

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were...more

Fox Rothschild LLP

New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor...

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I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note, I just read an article where other...more

Holland & Knight LLP

New California Law Codifies – and Expands – Strict ABC Test for Independent Contractor Status

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California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

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On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

Littler

New York Appellate Court Delivers Big Win To Gig Economy Business

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On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter...more

Littler

Workplace Policy Institute Insider Report — November 2016

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Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more

Fisher Phillips

New York’s High Court Issues Pro-Employer Ruling In Misclassification Case

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On October 25, 2016, the New York Court of Appeals – New York’s highest court – ruled that non-staff instructors at a yoga studio were properly classified as independent contractors, and were not employees. The Court of...more

Seyfarth Shaw LLP

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

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Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more

Baker Donelson

Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

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The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more

Troutman Pepper

December 2015 / January 2016 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

This Update covers the two-month period of December 2015 and January 2016. The headnote for this period is: don’t classify drivers as ICs unless you do it right! Eight of the nine cases reported below involve drivers....more

Littler

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

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Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Proskauer - Law and the Workplace

Alaska Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the Alaska Department of Labor and Workforce Development recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent...more

Akerman LLP - HR Defense

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

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