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
When playing professional sports in Australia, you’d better watch out for snakes.
A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more
1/3/2024
/ ABC Test ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Priorities ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRB ,
State and Local Government ,
State Labor Laws ,
Temporary Employees ,
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
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
7/11/2022
/ ABC Test ,
Class Action ,
Class Certification ,
Dynamex ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
State Labor Laws ,
Subcontractors ,
Vendors ,
Wage and Hour
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
“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
When outside forces pose a threat to people’s livelihood, people will go to great lengths to fight back....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.
...more
On May 2, the Ninth Circuit expanded the application of the “ABC” test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court....more
Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some generic processed meat flavor.
On June 7, 2017, the Department of Labor...more
The use of nonemployee workers is more prevalent than ever, and challenges to these relationships are growing just as rapidly. Entire business models are at stake.
The Internal Revenue Service (IRS), the Department of...more
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more
8/19/2015
/ Class Action ,
Collective Actions ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Unpaid Overtime ,
Wage and Hour ,
Withholding Tax ,
Workers' Compensation Claim
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more
Things that $228 Million will buy: – LeBron James’s waterfront mansion in Miami, listed for $15 million – A 710-year old copy of the Magna Carta, sold in 2007 for $21.3 million – The Oakland A’s, sold in 2005 for $180...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
The U.S. Department of Labor has awarded $10.2 million in grants to 19 states for continued independent contractor misclassification detection and enforcement. The grants are focused on unemployment insurance programs and,...more
For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...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
The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten.
Companies who wish to analyze whether their...more
Last week the Ninth Circuit issued a pair of decisions in the nearly-decade long misclassification dispute between FedEx and its drivers, with the Court of Appeals ruling that drivers in California and Oregon are FedEx...more
In Ayala v. Antelope Valley Newspapers, Inc., the California Supreme Court set forth the legal standard for determining whether independent contractor misclassification claims can be brought on a classwide basis, or must be...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