News & Analysis as of

Employee Definition

Bodman

Are Independent Contractors Covered Under Michigan’s Earned Sick Time Act?

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Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025.  As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who,...more

Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

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The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Robinson+Cole Manufacturing Law Blog

As the Season Changes, Don’t Fall Behind: 4 Key Employment Law Trends

As the seasons change, so do manufacturers’ priorities. Fall is typically one of the busiest hiring periods of the calendar year, so many manufacturers are likely bracing themselves for this challenge. That said, there were...more

Locke Lord LLP

Independent Contractor Misclassification Lawsuits Involve Record Label Artists, Imam, ‎and Recyclable Sorters: August 2024 IC...

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The legal developments in the area of independent contractor misclassification and compliance last month include cases against a record label company, an Islamic Center, and a waste recycling company. Lawsuits for IC...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Littler

Los Angeles Publishes “Model Contract” Under Freelance Workers Protections Ordinance

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On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for...more

Kerr Russell

Unpaid Internships in Your Office: What You Should Know

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Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns...more

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

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The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Proskauer - Labor Relations Update

The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees

In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – August 2024 #3

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General Services Administration (GSA) Final Rule: GSA Acquisition Regulation (GSAR), Federal Supply Schedule (FSS) Economic Price Adjustment - On August 5, GSA published a final rule to standardize and simplify Multiple...more

PilieroMazza PLLC

Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction

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Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more

King & Spalding

FTC Final Rule on Non-Competes: Employer Should Consider Compliance Preparations and Implications

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At present, the Federal Trade Commission’s (FTC) final rule on non-competes (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States. Though legal...more

Davis Wright Tremaine LLP

D.C. Attorney General Cracks Down on Worker Misclassification

D.C. businesses that utilize independent contractors would be well advised to review and revise their independent contractor relationships in light of an increased focus by the D.C. Office of the Attorney General ("OAG") on...more

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

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Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Foley & Lardner LLP

California Supreme Court Upholds App-Based Driver Worker Classification Statute

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On July 25, 2024, the California Supreme Court issued an opinion upholding the statewide ballot measure that classifies app-based drivers as independent contractors. Voters passed the law (also known as Proposition 22) in...more

Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

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On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Jackson Lewis P.C.

Impacts of Third Circuit’s Decision on Student-Athletes as Employees

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In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and...more

Williams Mullen

Appellate Court Rules that NCAA Athletes May Qualify as Employees Under the Fair Labor Standards Act

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On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Fox Rothschild LLP

Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In

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The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and thus not subject to coverage. The Third...more

McCarter & English, LLP

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the...more

Benesch

The Clash of Antitrust Law and the NCAA: The Third Circuit Suggests a Test to Determine if Athletes Qualify as Employees on the...

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On July 11, the Third Circuit laid out a test to settle the debate as to whether athletes are truly amateurs or actual employees entitled to benefits under the Fair Labor Standards Act (“FLSA”)....more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

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