The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more
1/9/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. FLSA...more
10/12/2022
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more
On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and...more
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more
3/12/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Misclassification ,
Wage and Hour
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone. The measure was perhaps the most significant initiative voters...more
As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
10/1/2020
/ ABC Test ,
Borello Test ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Newspapers ,
State Labor Laws ,
Wage and Hour
AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more
3/10/2020
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Popular ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more
2/5/2020
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Ban the Box ,
Cash Transactions ,
Criminal Background Checks ,
Dress Codes ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Misclassification ,
New Legislation ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Statements ,
WARN Act
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more
1/24/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
1/22/2020
/ ABC Test ,
CA Supreme Court ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Petition for Review ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more
1/6/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Regulatory Agenda ,
Ridesharing ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company...more
11/25/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Regulatory Agenda ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated. A series of court filings last week suggests that state and local officials may be gearing up to...more
11/19/2019
/ ABC Test ,
Appeals ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement Actions ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Strategic Enforcement Plan ,
Wage and Hour
Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify...more
11/8/2019
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more
10/31/2019
/ ABC Test ,
Corporate Counsel ,
Dominos ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the...more
10/14/2019
/ ABC Test ,
Dynamex ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws
On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more
9/26/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Corporate Counsel ,
Due Process ,
Dynamex ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
Question of Law ,
Retroactive Application ,
State Labor Laws
On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more
9/24/2019
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially...more
9/19/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019.
On September 11, 2019,1 the California...more
9/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the...more
9/5/2019
/ #MeToo ,
Domestic Violence ,
Employee Definition ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Leave of Absence ,
LGBTQ ,
Medical Leave ,
Misclassification ,
NYHRL ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees”...more
9/4/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour