Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Corporate Law Report: Obamacare Deadlines, $13M for Exotic Dancer Misclassification, 2013 Medicare Taxes, More...
Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more
Many companies struggle with how to classify their workers for tax purposes. Are they employees? Or, are they independent contractors?...more
In September 2011 the Internal Revenue Service (IRS) announced a new voluntary relief program for worker status termed the voluntary classification settlement program (VCSP). Announcement 2011-64, 2011-41, I.R.B. 503. On...more
The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more
On February 27, 2013, the Internal Revenue Service (IRS) issued News Release IR-2013-23 to provide additional favorable guidance regarding modifications to the Voluntary Classification Settlement Program (VCSP) issued in...more
In This Report:
- I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry
- II. Potential Loss Of The Companionship Services Exemption
- III. Other Common Types Of Claims
- A. Misclassification...more
What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more
For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....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
As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...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
On February 27, 2013, the Internal Revenue Service (IRS) announced its expansion of the Voluntary Classification Settlement Program (VCSP) to allow more employers to achieve certainty under the law by reclassifying their...more
As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences. The classification can determine whether the principal is liable for the negligent acts...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.
In Milano’s v. Kansas Department of Labor, the Kansas Supreme Court determined that exotic dancers were employees, not independent contractors, for purposes of unemployment insurance....more
The Massachusetts Supreme Judicial Court recently addressed a significant issue to Massachusetts employers—whether general releases can bar employees from bringing Wage Act claims against their employers. Crocker v. Townsend...more
A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...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
Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in which the determination is not always clear. In many cases, the IRS takes...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 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
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
Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012...
On October 4, 2011, we reported on the Voluntary Classification Settlement Program (VCSP), a program in which the IRS permits employers to prospectively reclassify workers as employees in exchange for limited federal...more
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo