News & Analysis as of

Misclassification State Labor Departments

Jackson Lewis P.C.

Minnesota’s Latest Legislative Session Update

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Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay...more

Fox Rothschild LLP

NJ Attorney General Reveals New Weapon In State’s Fight Against Misclassification

Fox Rothschild LLP on

The New Jersey Department of Labor and the Attorney General have really declared war against the supposed scourge of misclassification of workers as independent contractors. The agency is making this effort on numerous...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

Genova Burns LLC on

On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Fox Rothschild LLP

Labor Department Announces Proposed Rules For Determining Independent Contractor Status

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The Department of Labor, Wage and Hour Division (DOL), on September 25, 2020 issued a proposed rule clarifying how to distinguish between employees and independent contractors under the Fair Labor Standards Act (FLSA). ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

FordHarrison

New Jersey Enters Partnership with USDOL To Fight Worker Misclassification

FordHarrison on

Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of Labor and Workforce Development (LWD) entered into a...more

Seyfarth Shaw LLP

New Jersey’s Department Of Labor And Workforce Development Teams Up With USDOL To Combat Employee Misclassification

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 10, 2018, New Jersey’s Department of Labor and Workforce Development and the United States Department of Labor signed a cooperation agreement aimed at further increasing employee protections by...more

Proskauer - Law and the Workplace

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

Pullman & Comley - Labor, Employment and...

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

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

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

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

Connecticut Supreme Court Issues Landmark Favorable Ruling for Employers on Independent Contractor Status

In Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act, a case that will have significant implications for employers in Connecticut, the state’s supreme court clarified the “ABC Test,” finding...more

Parker Poe Adams & Bernstein LLP

North Carolina Federal Court Says State Wage Payment Claims Cannot Be Waived Through Private Release

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) is among the minority of federal appellate circuits that restricts the ability of employers and employees to release claims for unpaid...more

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