A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the...more
’Tis the season for things to drop. Some things that drop are big, some not so big.
On New Year's Eve, we saw the ball drop in New York. Fun fact: The ball is a geodesic sphere, 12 feet in diameter, weighing 11,875...more
1/11/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
The sky is not falling.
When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some of the commentary issued quickly by news outlets right...more
Remember when TV news was on at 6 p.m. and 11 p.m. and that was it? Every once in a while, there would be a Breaking News! alert, and it was always something really important. They wouldn’t interrupt Diff’rent Strokes for...more
Originally published on WhoIsMyEmployee.com - May 3rd, 2021. Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of...more
This octopus in New Zealand has been trained to take photos of visitors to the Sea Life Aquarium. That’s a pretty neat trick. I’m sure the visitors love it and will pay whatever exorbitant fee the aquarium charges to profit...more
Soda or pop? Pill bug or roly poly? What you call things depends on where you live. In 2014, the New York Times published this 25-question dialect quiz that will tell you, with startling accuracy, where you or your parents...more
“To be or not to be” are the opening words of a soliloquy by Prince Hamlet. With that, I have exhausted what I remember about Shakespearean plays without consulting Wikipedia. Having consulted Wikipedia, I can confirm that...more
For years, state governments have claimed they were losing hundreds of millions of dollars in unpaid withholdings as a result of independent contractor misclassification....more
The Law -
On September 19, 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The law takes effect January 1, 2020, although some provisions may be applied retroactively.
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The core business models of both Uber and Lyft have just been turned over to two separate California juries. These groups of randomly selected citizens will determine whether the drivers for both companies have been properly...more
An ice cream parlor in Dania Beach, Florida, features The Original Kitchen Sink Sundae, which contains up to 30 scoops, plus chocolate syrup, marshmallows, nuts, whipped cream, and a variety of berries. Customers can choose...more
Everyone’s looking for volunteers. The Salvation Army recruits helpers with the promise of “Doing the most good.” Volunteers of America invites participation by reminding the public “There are no limits to caring.” Even...more
Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent contractors under California and Oregon law. Last week the Kansas Supreme Court joined them,...more
When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more
Worker misclassification is now a bet-the-company issue.
On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines...more