Common Employment Law Mistakes for Small, Start-Up and Growing Companies
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
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.
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
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
The battle between employers and government agencies over the classification of workers as employees or independent contractors (an “IC”) has been waged for years. Last year, the Internal Revenue Service and the U.S....more
Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in Bartlow v. Costigan. Bartlow isa facial constitutional challenge to the system of administrative fines administered by the Illinois Department...more
The new head of the U.S. Department of Labor (DOL) will emphasize independent contractor misclassification as a top priority.
Speaking this morning at a panel discussion in Chicago hosted by the American Bar...more
ODEP Develops Database with 3,000 Ready-for-Hire Candidates Who Have Disabilities -
On December 5, 2012, the Office of Disability Employment Policy (ODEP) announced its new Workforce Recruitment Program. The program...more
A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
As we have been reporting, March 12 was the deadline for submitting comments regarding the U.S. Labor Department's proposal "to collect information about employment experiences and workers' knowledge of basic employment laws...more
Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers...more
“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more
In the first part of this series, we examined the three major strategies in the U.S. Department of Labor’s (DOL) regulatory agenda. In part two of this two-part series, we will look at one regulatory topic of great interest....more
The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations.
Readers will recall our January post concerning the U.S. Labor Department's announced intention to "to collect information about employment experiences and workers' knowledge of basic employment laws and rules so as to better...more
From the advent of the Obama Administration, the U.S. Department of Labor has clearly expressed its intent to adopt an adversarial approach towards employers at the agency and sub-agency levels. As part of that strategy, the...more
The U.S. Department of Labor has published a Request for Comments regarding its Proposal to spend $1,852,029.00 to conduct a first of its kind survey of employers and employees about their experiences and knowledge of worker...more
The Department of Labor recently announced a precursor to "Right to Know" regulations under the FLSA. The Department has proposed a survey "to collect information about employer's experiences and workers' knowledge of basic...more
The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can...more
As we speculated in November, the U.S. Labor Department apparently does intend to reinvigorate its so-called "Right to Know" initiative. This vague and ambiguous proposal first surfaced in 2010 but was eventually shelved....more
Iowa is the latest State to sign a Memorandum of Understanding and join forces with the U.S. Department of Labor to combat employee misclassification. Although Labor Secretary Solis has announced her resignation, it appears...more
Iowa is the latest state to partner with the US Department of Labor (DOL) in a nationwide effort to share information and coordinate enforcement efforts aimed at preventing the misclassification of employees as independent...more