News & Analysis as of

Employee Definition

Second Circuit Provides Guidance on Intern-Employee Test

by FordHarrison on

On December 8, 2017, the United States Court of Appeals for the Second Circuit (which has jurisdiction over federal district courts in Connecticut, New York and Vermont) ruled in favor of an employer, holding that six unpaid...more

Employee or Independent Contractor?

A Hot Question for 2018 due to The North Carolina Employee Fair Classification Act - Employee misclassification is not a new issue. However, the North Carolina Employee Fair Classification Act (EFCA), N.C. Gen. Stat. §...more

Liability for Employee Misclassification is on the NLRB’s Chopping Block

by Foley & Lardner LLP on

The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

by Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Good Work If You Can Get It: UK Government’s Response to Modern Working Proposals

Some seven months after the publication of Matthew Taylor’s independent ‘Review of Modern Working Practices’, the UK Government has finally issued its response to the Taylor proposals: the “Good Work” response (the...more

Real Estate and Construction Newsletter - February 2018

by Barley Snyder on

Pennsylvania Construction Contractors Under The Gun For Misclassifying Employees As Independent Contractors - Pennsylvania has been sending a strong message to contractors that it is enforcing a law penalizing contractors...more

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

by Stinson Leonard Street on

Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Fitting a Square Peg Into a Round Hole: Worker Classification in the Gig Economy

by Ballard Spahr LLP on

In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

by Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Misclassification Claims Threaten Gig Economy Business

by Pepper Hamilton LLP on

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

First Gig Economy Trial Decision: Independent Contractor

by Rumberger Kirk & Caldwell on

The Lawson v. Grubhub, Inc., trial has been closely monitored by those in the gig economy, since it is the first trial to address the classification of “gig” workers....more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

by Fisher Phillips on

Early last month, we told you that a critical trial ruling in a gig economy misclassification case could be put on hold because a separate court was mulling whether to loosen the test to make it easier for workers to succeed...more

California Supreme Court Hears Oral Argument To Define “Independent Contractor”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court heard oral arguments Tuesday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an...more

The Department of Labor Wishes You a Happy New Year — and Implements Employer-Friendly Changes Regarding Interns and Volunteers

On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more

DOL Announces Policy Change Making It Easier for Employers to Utilize Unpaid Interns

by Reminger Co., LPA on

In June 2017, the U.S. Secretary of Labor announced the withdrawal of Obama-era informal guidance from the Department of Labor (“DOL”) on the issues of joint employment and independent contractors, both of which had been...more

Unpaid Intern or Employee? - DOL’s Enforcement Policy Is Changing

by Smith Anderson on

In a news release issued this month, the federal Department of Labor (DOL) advised that it will begin using a more flexible test to determine whether interns are really employees. This is important, in part, because...more

DOL Clarifies Approach to Unpaid Internships

by Hogan Lovells on

Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more

DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

by Littler on

The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage...more

Are Your Unpaid Interns Actually Interns? Six-Factor Test Is Out, and Primary Beneficiary Test Is In

by Pierce Atwood LLP on

The U.S. Department of Labor (DOL) recently announced that it will adopt a new, more flexible test for distinguishing interns from employees under the Fair Labor Standards Act (FLSA)....more

Are You Required to Pay Your Interns?

by Foley & Lardner LLP on

For-profit employers occasionally bring on unpaid interns to work at the company. The question employers must ask is whether an unpaid intern is actually an employee and, therefore, entitled to be paid minimum wage and...more

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

by Pepper Hamilton LLP on

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

Department of Labor Changes Rules on Unpaid Internships

The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act. The U.S. Department of Labor (DOL) has announced it has...more

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

Labor Department Hits the Brakes on Class Actions by Interns

by Ballard Spahr LLP on

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

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