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The DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” on-demand,” or “sharing” economy are independent contractors, not employees....more

Predictive Scheduling and the Fight for a “Fair Workweek”: What Employers Need to Know

Retailers and fast food companies in particular should be aware of the growing push for “fair workweek” legislation at the city, state, and federal levels. In just the past few years, over a dozen states and cities have...more

Episode 17: Predictable Schedules And Comp Time – The Next Wage & Hour Frontiers? [Audio]

Matt welcomes colleagues Ray Berti and Becky Barrett to discuss the sudden proliferation of “Fair Workweek” laws, which are designed to ensure that workers have predictable schedules and paychecks, and “comp time” -- the...more

State and Local Governments: Battling for Control of Workplace Laws

While some states are taking action to bar cities and local governments from regulating the workplace, cities and counties appear to be countering that effort by implementing innovative worker protections....more

States May Step Into Void Created by Demise of DOL’s Overtime Rule

Since the Department of Labor announced the new overtime rule last May, we have been closely following its rocky implementation in a series of posts. Presently, the rule – which would render an estimated 4 million workers...more

Catch-22 for Franchisors: The Joint Employment Dilemma

As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the...more

Department of Labor: Joint Employment Is Increasingly Common

On January 20, 2016, the Wage and Hour Division of the Department of Labor issued guidance on joint employment under the Fair Labor Standards Act and Migrant Seasonal Agricultural Worker Protection Act. The DOL’s guidance...more

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