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NLRB General Counsel’s Office Says Uber Drivers are Independent Contractors

Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the...more

Department of Labor Provides Narrow View of Who’s An Employee in Gig Economy

In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy....more

NLRB Overturns Obama-Era Independent Contractor Test

On January 25, 2019, the NLRB repealed the test devised by the Obama Board to determine whether an individual is an employee or an independent contractor under the National Labor Relations Act ("NLRA"). Critically, the NLRA...more

Maryland’s New Sick and Safe Leave Law Remains in Effect as Last Ditch Efforts to Delay Implementation Fail

On February 15, 2018, the Economic Matters Committee of the Maryland House of Delegates voted 12-11 to reject a bill that would have delayed the implementation of Maryland’s new sick and safe leave law, known as the Maryland...more

Everything Employers Need to Know About Maryland’s New Sick and Safe Leave Law

On February 11, 2018 the Maryland Healthy Working Families Act (the “MHWFA”) will become effective unless the Maryland Legislature passes a bill to extend the effective date. As of this writing, the chances of the extension...more

Maryland to Require Paid Sick Leave Following Override of Governor’s Veto

On Friday, January 12, 2018, the Maryland General Assembly enacted the Maryland Healthy Working Families Act over Governor Larry Hogan’s veto. Under the new law, employers with more than 15 full-time employees must provide...more

The New Overtime Regulations: How Will They Affect Your Workplace? (Part 2)

New overtime regulations unveiled by the U.S. Department of Labor (DOL) on May 18, 2016 will affect approximately 4.2 million currently “exempt” workers. Unless their salaries are increased to at least $913/week, these...more

DOL: Most Workers are Employees Under the FLSA

“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more

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