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
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
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
Misclassifying an employee as an independent contractor can put a business at risk of tax assessments, penalties, and wage and hour claims. Understanding the difference between an employee and independent contractor is vital...more
This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more
Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more
On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (DOL) has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, both issued...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff claimed to be an employee of Northwestern Mutual and therefore protected under New York's minimum wage and overtime laws; Northwestern argued...more
How independent are musicians who play and perform with others? Do they have more artistic control on their own, or do they only become truly great artists in collaboration with others when their independent talents combine...more
In a recent article, I warned all employers that government agencies are out to bust them for misclassifying their employees as independent contractors. The prior article discussed the efforts made by the United States...more
The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the...more
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