The new rule makes it more difficult under federal law to classify workers as independent contractors.
The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more
On October 11, 2022, the United States Department of Labor (DOL) released a proposed rule setting forth a new test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards...more
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled in Patel v. 7-Eleven that the test for independent contractor status set forth in the Massachusetts independent contractor statute applies to the...more
3/29/2022
/ ABC Test ,
Business Litigation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchisors ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws
On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee....more
On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more
5/14/2021
/ Biden Administration ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Trump Administration
On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more
Last week, the U.S. Department of Labor (DOL) released the final version of its new “joint employer” rule. The rule limits the scenarios in which businesses will be treated as joint employers under the Fair Labor Standards...more
Department Clarifies that Law Will Not Apply to Properly Classified Independent Contractors -
On September 5, 2019, the Massachusetts Department of Paid Family and Medical Leave issued new guidance on when workers who...more
Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question under federal labor law, ruling that the misclassification of employees as independent...more
On January 25, 2019, the National Labor Relations Board issued a decision revising the test for independent contractor status under federal labor law. In SuperShuttle DFW, Inc., the Board ruled that the test for determining...more
On August 10, 2018, Governor Baker signed the non-compete bill recently passed by the Massachusetts Legislature. As a result, the new law will take effect on October 1, 2018 and will apply to agreements signed on and after...more
After many years of debate, the Massachusetts Legislature passed a comprehensive non-compete reform bill. If Governor Baker signs the bill into law (as is expected), the new law would prohibit employers from requiring that...more
Late last month, the Massachusetts Supreme Judicial Court held in Taylor v. Eastern Connection Operating, Inc. that out-of-state plaintiffs may bring suit under the Massachusetts independent contractor statute where the...more
This week, the Massachusetts Supreme Judicial Court (SJC) issued a decision that makes it easier to bring lawsuits under the Massachusetts Wage Act. In Depianti v. Jan-Pro Franchising International, Inc., the SJC held that a...more
Last week, the Massachusetts Supreme Judicial Court (SJC) held that plaintiffs who live and work outside of Massachusetts for Massachusetts-based companies can sue for purported violations of Massachusetts’ independent...more
The Massachusetts Supreme Judicial Court (SJC) this week issued an important decision addressing whether agreements containing general releases are sufficient to bar claims brought by employees under the Massachusetts Wage...more