News & Analysis as of

Wage and Hour Compliance Misclassification

Williams Mullen

Top 10 Employment Compliance Pitfalls for Emerging Companies

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Whether you are a founder or a manager, growing a company from scratch is an exciting process. For most companies, this process will involve the hiring and management of employees at a rapid pace....more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

Venable LLP

The Loud Legal Issues Hiding Behind “Quietly Quitting” Employees

Venable LLP on

​​​​​​​Quiet quitting can happen in virtually any workplace and has become a buzzword to describe employees who perform the bare minimum required by their job, yet still work enough to avoid a termination for job abandonment....more

Foley & Lardner LLP

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

Foley & Lardner LLP on

Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

The Volkov Law Group

Are Unpaid Interns Worth the Cost (and the Risk)?

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It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more

Fenwick & West LLP

Federal Minimum Salary Increases for Exempt Workers Take Effect December 1, 2016

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If you have not audited your exempt employee pay practices for compliance with the federal Department of Labor’s rules announced earlier this year, you have just under two weeks to do so. Starting December 1, 2016, the...more

NAVEX

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

NAVEX on

The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

NAVEX

6 Resources for Complying with New FLSA Overtime Rules

NAVEX on

The sweeping new Fair Labor Standards Act (FLSA) regulations that go into effect December 1, 2016 will impact all organizations with exempt employees. That means nearly all organizations — and virtually all companies — must...more

Best Best & Krieger LLP

Uber Employee Classification Class Action Could Impact All Employers

From Payroll Taxes to Sick Leave Laws … Federal Ruling Could Be Game Changer for Sharing Economy - A federal judge’s decision last week to certify a class of California Uber drivers in their lawsuit claiming Uber has...more

Akerman LLP - HR Defense

FLSA: Changes Continue to Affect Employers

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more

Carlton Fields

An HR Challenge: Finding and Fixing Overtime Misclassifications in 4 Steps

Carlton Fields on

In light of the United States Department of Labor’s (“DOL”) June 30, 2015 report and proposed amendments to the salary portion of the ‘white collar’ exemptions that would more than double the minimum salary of those exempt...more

Neal, Gerber & Eisenberg LLP

Employer Wage and Hour Headaches Continue in 2015

The trend of wage and hour developments facing employers continues in 2015 with the U.S. Department of Labor (DOL) recently issuing a proposed rule that would update the regulations governing the white collar exemptions to...more

Littler

Lawmakers Introduce Worker Misclassification Legislation

Littler on

Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker...more

Saul Ewing LLP

DOL: Most Workers are Employees Under the FLSA

Saul Ewing LLP on

“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more

Stinson LLP

U.S. Department of Labor's New Guidance on Independent Contractors Highlights a Key Risk Area for Employers

Stinson LLP on

Businesses should carefully assess any independent contractor arrangements in light of an “Administrator’s Interpretation” issued on July 15, 2015 by the U.S. Department of Labor’s Wage and Hour Division (DOL). While the...more

Carlton Fields

DOL Guidance Suggests Many Independent Contractors are Misclassified and Should be Covered by The FLSA

Carlton Fields on

On July 15, the Department of Labor’s Wage Hour Division (WHD) issued guidance on how to identify employees who are misclassified as independent contractors. In a 15-page administrator’s interpretation (AI), WHD head David...more

Akerman LLP - HR Defense

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

Troutman Pepper

Uber Suffers Another Independent Contractor Misclassification Setback in California

Troutman Pepper on

Uber has not fared well in court battles recently. After losing an unemployment case last month in Florida, it has now just lost an independent contractor misclassification wage case in California. This loss in California...more

Troutman Pepper

$228 Million: The Cost of Independent Contractor Misclassification for FedEx Ground in California

Troutman Pepper on

Yesterday, June 12, FedEx announced in papers filed with the SEC that its Ground Division “has reached an agreement in principle with [drivers] in the independent contractor litigation that is pending in …California [federal...more

Troutman Pepper

New Independent Contractor Misclassification Study Is Belied By Government Report and Disregards the Legitimate Use of Independent...

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The Economic Policy Institute, a respected nonprofit, nonpartisan think tank, has just released a working paper authored by a respected professor who co-authored a number of early academic studies detailing independent...more

Troutman Pepper

New GAO Report on Contingent Workforce Shows 85% of Independent Contractors Are “Content with Their Employment Type”

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A comprehensive government report on the contingent workforce made public two days ago revealed surprising data about independent contractors, finding that 85% of independent contractors “appeared content with their...more

Troutman Pepper

April 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by...more

Fenwick & West LLP

$15M Judgment Reversed Due to Flawed Statistical Sampling Approach to Class Action

Fenwick & West LLP on

In a significant victory for California employers, the California Supreme Court threw out a $15 million judgment in favor of allegedly misclassified employees. In Duran v. U.S. Bank National Association, a putative class of...more

McNees Wallace & Nurick LLC

Wage and Hour Compliance Priorities for 2014

It is easy for us to recommend that employers conduct regular and comprehensive wage and hour audits that examine all facets of the employer’s pay practices to ensure compliance with the myriad of wage and hour laws. After...more

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