Classification

News & Analysis as of

Transportation Industry Beware: New York Quietly Enacts New Legislation Targeting Worker Misclassification

New York has enacted new legislation, which will have a significant impact on the state’s commercial transportation industry. The legislation was initially made effective on March 11, 2014, but was subsequently amended to...more

Don't Get The Summertime Blues: Properly Classifying Interns

As summer approaches, many businesses are receiving applications and requests from students for internships. In fact, many businesses have internship programs that not only offer students opportunities to increase their...more

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more

When are Paralegals Illegal?

When they are not properly paid. A number of law firms and corporate employers consider paralegals to be exempt from overtime. At the federal level, the Department of Labor (DOL) has stated that most paralegals lack...more

Mortgage Company Wins Mortgage Loan Officer Overtime Trial

Recently, a jury in the U.S. District Court for the Eastern District of Virginia found that a mortgage company proved that it properly classified an employee as an outside sales person under the Fair Labor Standards Act and...more

NLRB Still Looking for Answers On Whether University Faculty Are “Managerial Employees”

The National Labor Relations Board is seeking amicus briefs to help it decide whether full-time, non-tenure-eligible contingent faculty members at Pacific Lutheran University (PLU) are excluded from the National Labor...more

No Showing That “Primarily Engaged In” Requirement Met Where Executive Employee Spent More Than 50% Of Time Performing Non-Exempt...

In Guilfoyle v. Dollar Tree Stores, Inc., a federal district court in California held that an employer was unable to meet the “primarily engaged in” requirement of the executive exemption test where the employee spent more...more

Illinois Supreme Court Upholds Employee Classification Act

Yesterday in Bartlow v. Costigan, a unanimous Illinois Supreme Court took a pass, for the most part, on deciding constitutional challenges to provisions of the Employee Classification Act which were amended by the legislature...more

Are Your Employees Properly Classified?

In This Presentation: - Introduction - FLSA “White Collar” Exemptions - Three Tests for Exemption - Salary Level Test - Salary Basis Test - Can the Employer Make Deductions? -...more

Employee or Independent Contractor? – If You Have the Right to Control Them, They’re Yours

When we analyze the question whether a worker is an employee or an independent contractor, we usually approach the issue from the point of view of the Connecticut Department of Labor and apply the “ABC” test, or from the...more

NFL Cheerleader Cries Foul Over Compensation

Standard contracts that sports franchises, such as the National Football League (NFL), use for independent contractors should be closely scrutinized in the wake of a newly filed class action lawsuit that is shining the...more

9 Ways to Reduce the Risk of Worker Classification Disputes

The Patient Protection and Affordable Care Act (ACA) links the number of employees a business has to that business’s healthcare coverage responsibilities and penalties. As such, the ACA focuses new attention on the already...more

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of...more

Employers’ New Year’s Resolution: Review Employee v. Independent Contractor Classifications

As we enter 2014, employers should take the opportunity to review their classifications of employees and independent contractors to ensure they do not run afoul of the many overlapping statutes and regulations in this area....more

Classification for Overtime Eligibility: Internet Specialists

With the proliferation of network, Internet and management information systems, it is essential for businesses to understand employment classifications — especially in terms of overtime payment — for personnel who manage high...more

Are Unpaid Interns Really Employees?

The Glatt v. Fox Searchlight Pictures, Inc., decision continues to add fuel to the fire as the trend of class-action lawsuits by unpaid interns against their employers grows. In Glatt, the interns performed...more

Your Nonprofit Has Gone Global: Now What Are Your U.S. and Foreign Tax Compliance and Reporting Obligations?

In this presentation: - Form of foreign operations - Foreign tax treatment of the foreign operations - U.S. tax treatment of the foreign operations - VAT/GST issues - Employee and...more

Auto-Enrolment: How To … Approach The Assessment Of Atypical Workers

INTRODUCTION It is now just over a year since the first employers reached their automatic enrolment staging dates and therefore many of the practical issues that arise for employers when implementing the reforms are now...more

10 Facts About the Affordable Care Act and Worker Classification

Businesses subject to the Affordable Care Act’s “shared responsibility” provision must consider proper worker classification and its implications. Although the Patient Protection and Affordable Care Act, as amended...more

FDA Regulatory Update: FDA to Recommend Reclassifying Hydrocodone Combination Drugs; Issue Highlights Cooperative Relationship...

On October 24, 2013, Janet Woodcock, the U.S. Food and Drug Administration’s (“FDA”) Director for the Center for Drug Evaluation and Research (“CDER”),issued a statement explaining that the FDA will recommend that the U.S....more

Independent Contractor or Employee: How Some Countries Differ

In this series of blog posts, we have examined the use of independent-contractor relationships by multinational organizations. In our last three posts, we identified issues for global entities that are considering using...more

D.C. Circuit Halts Department of Labor's Reclassification of Loan Officers

The D.C. Circuit Court of Appeals on Wednesday handed the Mortgage Bankers Association a huge win by refusing to grant a full court review of a panel decision that struck down a 2010 U.S. Department of Labor (DOL)...more

OSHA Modifies Hazardous Communication Standard to Conform to UN GHS

In 2012, the Occupational Safety and Health Administration (OSHA) modified its existing Hazard Communication Standard (HazCom) (29 CFR 1919.1200) to conform with the United Nations’ Globally Harmonized System of...more

Employee Or Independent Contractor – The War Has Been Waged

The battle between employers and government agencies over the classification of workers as employees or independent contractors (an “IC”) has been waged for years. Last year, the Internal Revenue Service and the U.S....more

Is A Graduate Student Performing Research An Employee?

In Rizak v. M.N.R. (2013 TCC 273), the Tax Court of Canada considered this question and determined, on the facts, that a graduate student performing research at the University of British Columbia was an employee for the...more

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