News & Analysis as of

Independent Contractors Minimum Wage Over-Time

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 -
Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rhode Island Legislative Update 2024: New Laws on Leave Entitlements, Minimum Wage Exemptions, and Arbitration Agreements

The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to...more

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2024

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The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

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On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Dunlap Bennett & Ludwig PLLC

Understanding Remote Work Laws: A Comprehensive Overview

The COVID-19 pandemic accelerated our shift to remote work, which was already on the rise with the advent of new technology. Even before 2020, employees worked from nontraditional spaces, including coworking spaces and home...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

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Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

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In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Locke Lord LLP

Is It Becoming Easy To Certify Collective Action Lawsuits Alleging Independent Contractor Misclassification? October 2022 IC Legal...

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Among the legal developments we report on below from October is a decision by a federal district court in California certifying a lawsuit for independent contractor misclassification as a collective action under the federal...more

Goodwin

DOL Proposes Rule Regarding Independent Contractor Status

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​​​​​​​The Wage and Hour Division of the U.S. Department of Labor (“DOL”) recently published a proposed rule (the “Proposed Rule”) that would modify DOL’s regulations for determining whether a worker is an employee or an...more

Williams Mullen

New Department of Labor Independent Contractor Proposed Rule

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​​​​​​​On October 11, 2022, the United States Department of Labor (DOL) released a proposal for a new rule on how the DOL will determine whether a worker is an independent contractor or an employee for purposes of the Fair...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Avoiding Common California Wage and Hour Mistakes and “Going the Distance”

Employers based outside of California can suffer knockout blows if they enter the ring as employers in California and operate under the mistaken assumption that adherence to the Fair Labor Standards Act (“FLSA”) is the same...more

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

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Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

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For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Littler

Federal Court Decision Protects Independent Contractor Status

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On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Morgan Lewis

Massachusetts SJC Adopts FLSA ‘Joint Employer’ Test for Minimum Wage & Overtime Laws

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Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

FordHarrison

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

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On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

Locke Lord LLP

Tough Month for Football, Interpreting, Energy, and Trucking Industries in Misclassification Cases: November 2020 News Update

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November 2020 was a superb month for ride-sharing and app-based delivery companies and for President-Elect Biden, but was far less favorable to professional sports leagues, interpreting and translation companies, oilfield...more

Fisher Phillips

November 2020: The Top 16 Labor And Employment Law Stories

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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 for the past few years—and this past month...more

Jones Day

Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

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The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more

Ruder Ware

DOL Issues Proposed Rule on IC vs EE!

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Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Jackson Lewis P.C.

2019 Wage & Hour Developments: A Year in Review

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Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009. ...more

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter – Winter 2019

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Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

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