On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors....more
On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more
On Tuesday, October 11, 2022, the Biden Administration’s Department of Labor ("DOL") issued a proposed rule revising the agency’s approach to evaluating independent contractor status under federal wage & hour law. The...more
The independent contractor test developed by the Republican-majority National Labor Relations Board under President Trump actually resulted in a higher rate of workers being classified as employees protected by federal labor...more
The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more
1/10/2022
/ Biden Administration ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employee Definition ,
Franchisee ,
Franchises ,
Franchisors ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Obama Administration ,
Staffing Agencies ,
Union Elections ,
Unions
On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more
5/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more
The House of Representatives passed a bill that would overhaul federal labor law with the express purpose of making it easier for unions to organize workers and more difficult for employers to classify them as independent...more
3/12/2021
/ Collective Actions ,
Collective Bargaining ,
Employee Rights ,
Federal Arbitration Act ,
Federal Labor Laws ,
Independent Contractors ,
Labor Regulations ,
NLRA ,
NLRB ,
Pending Legislation ,
Union Elections ,
Unions
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
2/23/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Rescission ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
On January 6, 2021, the Department of Labor (“DOL”) published its final rule clarifying who is an independent contractor, rather than an employee covered by the Fair Labor Standards Act (“FLSA). The factors are the same as...more
On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act.
The proposed rule...more
On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more
On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) overruled an Obama-era decision focused on determining whether workers were independent contractors or employees and restored entrepreneurship as a key...more
DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors
In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more