The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards...more
The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more
10/5/2021
/ Americans with Disabilities Act (ADA) ,
Biometric Information ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Discrimination ,
Employee Privacy Rights ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Masks ,
Misclassification ,
Non-Exempt Employees ,
Private Attorneys General Act (PAGA) ,
Religious Exemption ,
Return-to-Work Agreements ,
Unpaid Overtime ,
Vaccinations ,
Wage and Hour ,
WARN Act
Virginia Governor Ralph Northam’s Inter-Agency Taskforce on Worker Misclassification and Payroll Fraud has offered 11 recommendations in its report on employee misclassification.
In August 2019, the Governor reconstituted...more
The New Jersey “Task Force on Employee Misclassification” has released its report on misclassification, offering 10 recommendations.
The Task Force, established in May 2018, was charged with providing recommendations to...more
The legal rules applicable to the “gig” economy continue to evolve. In the past year, there have been significant legal developments and trends that create both new risks and new opportunities. Companies that use independent...more
Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective...more
A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled....more