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Independent Contractors Fair Labor Standards Act (FLSA) Whistleblowers

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Kramer Levin Naftalis & Frankel LLP

New Year, New Laws: What You Need to Know as We Enter 2022

Over the past two years, developments in employment law have focused on COVID-19. But there are developments in other areas of employment law, especially in New York, that employers must be aware of and plan for in the new...more

Locke Lord LLP

Pharmacy Deliveries Remain Target for Independent Contractor Misclassification Claims: October 2021 News Update

Locke Lord LLP on

October was a relatively “slow” month for legal developments in the areas of independent contractor misclassification and compliance. But for companies that engage drivers to distribute pharmaceutical products, a nearly $12...more

Jackson Lewis P.C.

While We Were Social Distancing … Heading Back To The Office In A New Virginia

Jackson Lewis P.C. on

In Virginia, returning — or planning to return — to the physical workplace following the COVID-19 pandemic means ensuring employment practices comply with the Commonwealth’s significantly changing legal landscape...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Littler

2016 Executive Employer Survey Report

Littler on

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

Troutman Pepper

May 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

Spilman Thomas & Battle, PLLC

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

Littler

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

Littler on

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

Proskauer Rose LLP

California Employment Law Notes - January 2015

Proskauer Rose LLP on

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

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