The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more
2/3/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Notice Requirements ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
In a ruling with significance for businesses using independent contractors, the National Labor Relations Board has reaffirmed that entrepreneurial opportunity is a significant factor in weighing independent contractor status....more
The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more
The DOL’s new interpretation of the FLSA test for classification purports to eliminate independent contractor status for most workers and broadly expand the FLSA’s coverage.
On July 15, David Weil, the Administrator for...more
The Second Circuit’s ruling provides employers with greater leeway for unpaid internship programs and a stronger defense for class-action lawsuits brought by unpaid interns.
In a long-awaited decision, the US Court of...more
The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations.
...more