News & Analysis as of

Wage and Hour Third-Party Service Provider

Laner Muchin, Ltd.

A New Set of Changes to the Illinois Day and Temporary Labor Services Act is on the Horizon

Laner Muchin, Ltd. on

As the Fast Laner previously reported, significant changes to the Day and Temporary Labor Services Act (Act) started to impact both temporary labor agencies (Agencies), as well as third-party clients (Clients) which utilize...more

BakerHostetler

Illinois Law Will Require New Disclosures When Using Temporary Labor

BakerHostetler on

Gov. Pritzker has signed a law that will substantially amend the Illinois Day and Temporary Worker Services Act. The amendments take effect immediately....more

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

Illinois Adds Stronger Rights and Safety Protections for Day and Temporary Workers

On May 19, 2023, the Illinois General Assembly passed substantial amendments to the Day and Temporary Labor Services Act, 820 ILCS 175, through House Bill (HB) 2862. The amendments expand the rights of day and temporary...more

Jackson Lewis P.C.

DOL Issues Cybersecurity Best Practices For ERISA Covered Retirement Plans

Jackson Lewis P.C. on

Today, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued much anticipated cybersecurity guidance for employee retirement plans. This comes more than four and a half years after the ERISA...more

Jackson Lewis P.C.

Wisconsin Wage And Hour Law: Rounding Employee Time

Jackson Lewis P.C. on

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other...more

Spilman Thomas & Battle, PLLC

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

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

Nilan Johnson Lewis PA

Tech Support Independent Contractor Class Claims Climbing

Nilan Johnson Lewis PA on

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”)...more

Holland & Knight LLP

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

Holland & Knight LLP on

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

Ballard Spahr LLP

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

Ballard Spahr LLP on

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

Hogan Lovells

U.S. Department of Labor Opines: Gig Economy Workers for Virtual Marketplace Company Have “Economic Independence”; Are Not...

Hogan Lovells on

In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers.  Applying a six-factor test derived from U.S....more

Proskauer - Law and the Workplace

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more

Genova Burns LLC

Appellate Division Rules Independent Contractor Agreements Signed by Driver’s Corporation Not Bullet Proof Against Class Action...

Genova Burns LLC on

On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more

FordHarrison

Emerging Laws Prohibit Employers from Inquiring About Past Pay Histories

FordHarrison on

Subject to limited exceptions, federal, state, and local laws already require employers to pay men and women equally for doing similar work under similar working conditions. In another important effort to narrow the gender...more

Fisher Phillips

Will Dealerships And Third-Party Detailers Continue To Face Increased DOL Scrutiny?

Fisher Phillips on

During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more

Ward and Smith, P.A.

Big News for the Home Health Industry: Federal Judge Vacates the DOL's Companionship Services Regulations on Minimum Wage and...

Ward and Smith, P.A. on

As 2014 wound to a close, the United States District Court for the District of Columbia issued a significant decision impacting third-party agencies that provide in-home care to the elderly and ailing. On December 22, 2014,...more

Littler

Supreme Court Denies Further Stay of Department of Labor's Home Care Rule; Effective Date is Imminent

Littler on

On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Department of Labor’s (DOL) Home Care Rule and reversed the lower court’s decisions vacating the new rule. On October 6, 2015, the U.S....more

Cozen O'Connor

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

Cozen O'Connor on

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Robinson+Cole Manufacturing Law Blog

Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test

Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27,...more

McCarter & English, LLP

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

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