Misclassification

News & Analysis as of

Resource for Companies Evaluating Compliance with New Overtime Laws

Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more

U.S. Department of Labor Releases “Misclassification Mythbuster” Publication Related to Independent Contractors

The U.S. Department of Labor (DOL) recently released 12 questions and answers in a publication called “Misclassification Mythbusters.” It appears that the publication is intended to educate/inform individuals about whether...more

Do Not Overlook FLSA Duties in Light of New Salary Requirements

The upcoming change to salary requirements to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) has garnered a lot of attention. However, even with a strong emphasis on the changes to...more

And Now There Are Two: The Ninth Circuit Strikes Class Arbitration Waivers Joining the Seventh Circuit on Finding that these...

Seyfarth Synopsis: The Ninth Circuit joined the Seventh Circuit and the NLRB in finding that mandatory arbitration agreements that require all claims to be brought by employees on an individual basis violate the NLRA. On...more

100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

On December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476). Is your company ready for this change?...more

DOL Settles Its Employees’ Wage Claims

It should not come as a surprise to readers of this blog that the U.S. Department of Labor (“DOL”) likes to trumpet its successes in enforcing federal wage and hour laws. This month alone, the agency has issued several press...more

“Misclassification Mythbusters”: The Labor Department’s Latest Effort to Crack Down on Independent Contractor Misclassification

The U.S. Department of Labor has just released a dozen Q&A’s on the issue of IC misclassification in an online publication it calls “Misclassification Mythbusters.” The 12 IC misclassification “myths” that it seeks to debunk...more

New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage...more

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent...more

Points & Authorities - Summer 2016

There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live...more

Emerging Labor & Employment Law Trends (Part 1)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. In the first part of this two-part series, we...more

Uber’s $100 Million Settlement Rejected by Judge; Independent Contractor Misclassification Lawsuit to Proceed

Earlier yesterday, Uber was dealt yet another setback in its efforts to settle the IC misclassification lawsuits brought against it by Uber drivers in California and Massachusetts. As readers of this legal blog will recall...more

Employment Matters – UK

When Do the ‘Self-Employed’ Qualify for National Minimum Wage and Holiday Pay? This is a hot topic at the moment with three large employers under scrutiny for their pay structures: Uber, the transport company, has...more

Uber’s $100 Million Settlement Falls Apart

In a surprising development, a federal court judge rejected a proposed settlement yesterday which would have seen gig giant Uber pay up to $100 million to resolve a series of legal claims challenging its classification model,...more

WWE Misclassification Lawsuit Claims Performers’ Status as Independent Contractors Caused Long-Term Brain Injuries

Another major sports organization has been hit on the head with a concussion lawsuit. Most recently, former WWE performers claim that they suffered concussions and other head injuries that have resulted in long-term brain...more

Wage and Hour Claims Surge in the Oil and Gas Industry

Since 2012, the United States Department of Labor (DOL) reports that it has recovered over $40 million in back wages for employees in the oil and gas industry.  Employers in the industry can expect claims to rise as the DOL...more

U.S. Department of Labor Issues New FLSA and EPPA Posters

The U.S. Department of Labor (DOL) recently issued new workplace posters under the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). ...more

Isn’t it Ironic, Don’t You Think? DOL Settles Overtime Claims With Its Own Employees

Last week, attorneys for the Department of Labor (DOL) employee union announced that the government agency had agreed to pay $7 million to settle an almost 10-year-old grievance by DOL workers who claimed they were not paid...more

California Can No Longer Ignore Federal Classification Rules

The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered...more

The ABC’s Of Worker Classification Are Once Again Before The Connecticut Supreme Court

We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael...more

Employment Law This Week®: Salary History, Wage and Hour Compliance Training, Non-Competes, Misclassified Workers [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The Concept Of Independent Contractor Is Under Assault— Especially In California

The traditional working classification of independent contractor, as we have known it, may soon go the way of the dinosaur, the horseless carriage, and the telegraph. Although perhaps your gardener, pool man or family...more

Employers Must Comply with DOL's Updated Posting Requirements

The Department of Labor (DOL) issued on July 27, 2016, regulations that require covered employers to update their Fair Labor Standards Act (FLSA) Minimum Wage posters and their federal Employee Polygraph Protection Act (EPPA)...more

DOL, Pa. DLI Partnership Aims to Curb Employee Misclassification

As part of its ongoing employee misclassification initiative, the U.S. Department of Labor (DOL) has announced a partnership with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance (BLLC), to...more

5 Keys to New AZ IC Law

We have repeatedly blogged on the Pushmi-Pullyu world of independent contractor relationships, a world in which employers can do no right. (DOL Says Employers Are Morons) Well, Arizona recently enacted a law providing at...more

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