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Control Test Misclassification Employee Definition

Venable LLP

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

Obermayer Rebmann Maxwell & Hippel LLP

Independent Contractors: New Department of Labor Guidance Spotlights the Pitfalls of Misclassification

​​​​​​​Employers often find themselves with a sudden need for additional temporary coverage for one or more areas of their business. Maybe a mission-critical but discrete project awaits completion: you need the labor but only...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Smith Anderson

DOL Issues Guidance Concluding that Most Workers are Employees Under the FLSA

Smith Anderson on

The Department of Labor (DOL) recently issued new guidance addressing independent contractor classification under the Fair Labor Standards Act (FLSA). In Administrator’s Interpretation No. 2015-1, the DOL interprets the...more

Obermayer Rebmann Maxwell & Hippel LLP

Misclassification in the Cross-Hairs: DOL Issues new Interpretive Guidance

The U.S. Department of Labor has been busy of late. Fresh off of issuing a new Notice of Proposed Rulemaking proposing major changes to overtime exemptions (as summarized by HRLegalist), DOL Administrator David Weil has...more

Foley & Lardner LLP

Do You Know Who Your Employees Are?

Foley & Lardner LLP on

Employers are beginning to learn that they may have far more employees than they think. A driver for the ride sharing company Uber was considered an “employee” by the California Labor Commissioner’s Office earlier this month....more

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