Employment Law Now VI-120 - Joint Employer Ping Pong
III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments
On October 27, 2020, in 417 Pet Sitting, LLC v. Division of Employment Security (Pet Sitting LLC), the Western District of the Missouri Court of Appeals affirmed the decision by the Missouri Department of Labor, Labor and...more
What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more
In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more
A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors. After all, it is a...more
Many of us perhaps have grown accustomed to riding Uber and enjoy the often significant discounts that their services may provide as compared to traditional taxi companies, and a recent case is certainly closely watched...more
Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more
On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more
As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an important Administrator’s Interpretation discussing the misclassification of employees as independent contractors. Many companies engage independent...more
Both federal and state labor authorities are hot on the trail of companies who hire employees and call them “independent contractors.” The United States Department of Labor (DOL) has entered into a Memorandum of...more
Past articles in this blog have discussed the control test for establishing an employment relationship as opposed to independent contractor status. Although government agencies such as the Department of Labor or IRS describe...more