The United States Department of Labor Misclassification

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -
News & Analysis as of

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1...more

Handy Proposal May Solve Sharing Economy Business Woes

As startups from Silicon Valley to Silicon Forest continue to flood the market with competing on-demand service platforms “staffed” with independent workers, these same businesses – implementing one of the most disruptive,...more

Employers Have Something to be Thankful For as Judge Halts December 1st Effective Date of DOL FLSA Final Rule: Here is What...

In the last six months, nearly every business was sent into panic mode and forced to quickly adjust to the Department of Labor’s (DOL) Fair Labor Standards Act (FLSA) Final Rule that was set to take effect December 1,...more

New Overtime Regulations Enjoined Nationwide

A Texas federal district court judge on Tuesday issued a preliminary injunction temporarily blocking the nationwide implementation and enforcement of the new overtime regulations. The regulations were set to go into effect on...more

Federal Minimum Salary Increases for Exempt Workers Take Effect December 1, 2016

If you have not audited your exempt employee pay practices for compliance with the federal Department of Labor’s rules announced earlier this year, you have just under two weeks to do so. Starting December 1, 2016, the...more

Labor & Employment Hot Topics Impacting the Construction Industry

A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more

New York’s Highest Court Rules that Yoga Instructors are Independent Contractors: But Can Other Employers Hold that Pose?

The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors. In In re Yoga Vida NYC, Inc....more

Still Looming – The Regulations Regarding Overtime Exemptions

When we last visited this topic, the proposed regulations revising the overtime exemptions were still very new. The regulations are due to go into effect on December 1 of this year. There has been legislation introduced to...more

Independent Contractor vs. Employee: What Employers Need to Know

If you’re an employer, given the daily balance of juggling business goals, budget concerns and employee harmony, it might seem that you spend most days trying to pull the proverbial rabbit out of your hat. But if your...more

Workplace Policy Institute Insider Report — November 2016

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

Will the Jig Be Up for the Gig Economy?

Employers who rely heavily on independent contractors or temporary workers should take note: “Gig” economy companies are now a priority of the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC recently approved...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

First Crack In The Wall? 2 New York Uber Drivers Awarded Unemployment

The New York Times reported yesterday that two Uber drivers were awarded unemployment benefits by the New York State Department of Labor. While the rulings were made earlier this summer in August and September, they had not...more

50 Days Until the New Overtime Rule Takes Effect: Ready Or Not?

Barring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take...more

Employment Law - October 2016

Employers Can’t Arbitrate Any Issues Related to PAGA Claim - Why it matters - The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a...more

September 2016 Independent Contractor Misclassification and Compliance News Update

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Independent Contractors or Employees: Why It Is so Important to Use the Proper Classification for the People that Work for You

Over the past few years, there has been a concerted effort on the part of the US Department of Labor, as well as various state attorneys general, to target businesses that misclassify workers as independent contractors when...more

USDOL Recruits Whistleblowers for Misclassification Claims: Will Gig Workers Even Notice?

The United States Department of Labor (USDOL) recently revised its wage and hour poster to include information on the misclassification of workers as independent contractors. As noted in our previous legal alert on this...more

Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification

On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor...more

Misclassification Of Workers Just Got Riskier For Oklahoma Employers

For years, we have been warning employers of the dangers of misclassifying workers as independent contractors when they are actually employees. Information-sharing among agencies on the rise - The federal government...more

US DOL and PA DOL Partner to Prevent Employee Misclassification

On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding (MOU) to coordinate efforts, by sharing information and...more

N.C. Industrial Commission and U.S. Department of Labor Team Up to Address Worker Misclassification

On August 31, 2016, the North Carolina Industrial Commission, Employee Classification Section (the “Section”) and the Wage and Hour Division of the United States Department of Labor (the “WHD”) entered into a Memorandum of...more

6 Resources for Complying with New FLSA Overtime Rules

The sweeping new Fair Labor Standards Act (FLSA) regulations that go into effect December 1, 2016 will impact all organizations with exempt employees. That means nearly all organizations — and virtually all companies — must...more

NCDOL to Cooperate with Federal Agencies to Crack Down on Employee Misclassification

On Wednesday, the North Carolina Department of Labor (NCDOL) announced the completion of an agreement with the federal DOL to share information intended to identify companies misclassifying employees as independent...more

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