Common Employment Law Mistakes for Small, Start-Up and Growing Companies
The UK Finance Bill 2014 was published in draft form on 10th December 2013 and the proposed legislation now enters a period of consultation, which will end on 4th February 2014. A full analysis of each and every measure...more
Two restaurants in California have been fined $1.9 million for a variety of wage and hour violations as the result of an investigation by state and federal labor agencies.
The fines mark the latest example of joint...more
New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York...more
Yet another "misclassification" bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee. The "Payroll Fraud...more
On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials...more
In their continued efforts to crack down on the misclassification of independent contractors, and the resulting federal and state wage and hour violations, the New York State Department of Labor and the New York Attorney...more
New York is now collaborating with the federal government to go after employers that misclassify employees as independent contractors.
The US Department of Labor's Wage and Hour Division (WHD) on November 18 entered...more
On November 12, 2013, Senator Bob Casey introduced a bill in the U.S. Senate entitled the “Payroll Fraud Prevention Act of 2013.” The act is aimed at reducing the misclassification of employees as independent contractors....more
Flurry of New California Employment Statutes Continues -
The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more
Sen. Bob Casey (D-PA) announced on November 12, 2013 that he had introduced a bill called the Payroll Fraud Prevention Act of 2013 at a hearing of the Senate Subcommittee on Employment and Workplace Safety. The bill is yet...more
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
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor...more
In Black v. SettlePou P.C., the Fifth Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt. In so doing, the Fifth...more
Few things are more frightening to an employer than a worker misclassification suit. Perhaps a Department of Labor audit over wage and hour issues may be just as scary. One thing is for sure: disagreements about how workers...more
We are pleased to present the 33rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including extra-territorial...more
A new appeals court ruling illustrates that an employer that pays a salary to an employee who is classified as exempt under the Fair Labor Standards Act (FLSA) should also ensure that the employee agrees the salary covers...more
New Jersey Governor Chris Christie promised to promote economic activity and job creation. Recent legislative activity illustrates how he is striking the balance between making New Jersey business-friendly and protecting the...more
Gold v. New York Life Insurance Co., No. 12-CV-2344 (2d Cir. Sept. 18, 2013) (Parker, J.): The plaintiff brought suit on behalf of himself and others alleging that he was improperly classified as exempt from the New York...more
On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more
On September 25, 2013, California Governor, Jerry Brown, signed a bill (Assembly Bill No. 10) that will raise the hourly minimum wage up 25% over the next few years. First, the minimum wage will increase in less than one...more
Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more
How to avoid paying overtime and to evade pesky employment laws? Treat your workers as “independent contractors.” Print Problem solved. Or maybe not. An appellate court has reminded employers again about the costly...more
On September 9, 2013, New Jersey Governor Chris Christie issued an absolute veto to a bill (A1578) that would have had a serious impact on trucking industry employers in New Jersey. As we previously discussed in the September...more
New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more