News & Analysis as of

Employee Definition Coronavirus/COVID-19

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

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U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Foley & Lardner LLP

New Florida Law Helps Shield Employers Who Assist Independent Contractors during Emergencies

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When it comes to independent contractor classification, human resources professionals can often feel no good deed goes unpunished. While (depending on context and location) there are a variety of tests for independent...more

Nutter McClennen & Fish LLP

Notes on BLS/Social Law Program and 2021 BLS Decisions—Including AG Healy v. Uber Technologies

In January, the Social Law Library sponsored the Business Litigation Session 2021 Year in Review. The panel included Judge Kenneth Salinger, the BLS Administrative Justice, as well as Michael Tuteur and Andrew Yost, attorneys...more

Downs Rachlin Martin PLLC

Vermont Legislative Update | January 2022

Business - Short-term Rental Registry – The Senate Committee on Economic Development, Housing and General Affairs took testimony on S.210, a Rental Registry bill intended to replace last year’s S.79 which was vetoed by...more

Ward and Smith, P.A.

How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More

Ward and Smith, P.A. on

Between COVID-19, last year’s demonstrations for racial justice, and a new president, there are many legal issues employers may need to consider — or reconsider. A quartet of Ward and Smith attorneys highlighted some...more

Skadden, Arps, Slate, Meagher & Flom LLP

Early Changes for Employers and Employees

A series of employment-related actions in President Biden’s first 100 days in office signal the likelihood of additional actions and legislative proposals. Employers should expect a decidedly pro-worker tilt....more

Foley & Lardner LLP

Key Employment Issues Facing Employers in the Automotive Industry

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Automotive companies faced unprecedented challenges in 2020. In the coming year, these challenges will continue as companies navigate the continuing COVID-19 pandemic, related leave/quarantine issues and new challenges...more

Foley & Lardner LLP

The Protecting the Right to Organize (PRO) Act Gains Momentum

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U.S. House and Senate Democrats recently reintroduced the union-friendly Protecting the Right to Organize (PRO) Act of 2021. According to its sponsors, the PRO Act “restores fairness to the economy by strengthening the...more

ArentFox Schiff

What Can Employers Expect From the Biden Administration?

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In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

Holland & Hart - The Benefits Dial

You Say Goodbye, I Say Hello . . . But Be Careful On How You Classify Someone On The Way Back In The Door

In 2020, the United States experienced a record-breaking number of unemployment claims. If you had to make the difficult decision to furlough or let employees go due to the coronavirus, you were not alone. As we continue...more

Bradley Arant Boult Cummings LLP

Prop 22 and Minimum Wage Hikes: What the Election Results Mean for Employers

In true 2020 style, this year’s general election was one for the history books. While the presidential race has been called in favor of President-Elect Joe Biden, the inevitable legal challenges are looming. Meanwhile,...more

Robins Kaplan LLP

Financial Daily Dose 10.23.2020 | Top Story: CA Appeals Court Tells Uber and Lyft to Treat Drivers as Employees

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A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more

Robinson & Cole LLP

Amid Rising COVID-19 Hospitalizations: Reminder to Health Care Employers on FFCRA’s Exclusion for “Health Care Providers”

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As COVID-19 cases across the country begin to surge, COVID-19-related hospitalizations are also on the rise. This increase in COVID-19-related hospitalizations likely will have a number of practical implications for the...more

Davis Wright Tremaine LLP

[Webinar] 2020 Employment, Immigration, and Benefits Legal Developments - What Did I Miss? The Year in Review (So Far) - October...

Even in the midst of the pandemic, we continue to see significant legal developments in the world of the workplace. To kick off our Fall Webinar Series, we begin with “What Did I Miss? The Year in Review (So Far)” We will...more

Perkins Coie

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

Perkins Coie on

The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more

Robins Kaplan LLP

Financial Daily Dose 9.23.2020 | Top Story: Fed Chair Calls for More Covid-Related Stimulus From Congress

Robins Kaplan LLP on

The latest from Fed Chair Powell and Treasury Secretary Mnuchin’s first of several days on the Hill, including their take that the economy is improving but that continued fiscal support—from the Fed and from Congress—was...more

Fisher Phillips

Nibbling Around The Edges? California Continues To Make Changes To AB 5 And The ABC Test

Fisher Phillips on

A new law just went into effect that revises California’s test for determining whether a worker is considered an employee or an independent contractor, slicing off a number of various work arrangements from having to comply...more

Robins Kaplan LLP

Financial Daily Dose 8.21.2020 | Top Story: Court Stays CA Gig-Worker Law; Uber and Lyft to Keep Operating in State During Appeal

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A state appeals court in California has preempted Uber and Lyft’s threatened state-wide shutdown over a new state law ordering them to reclassify their drivers as employees by “allowing them to continue operating [under their...more

Robins Kaplan LLP

Financial Daily Dose 8.13.2020 | Top Story: Uber and Lyft Warn Gig-Worker Ruling Could Push Them Out of California

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Ride-hailing companies Uber and Lyft are warning that California’s new moves forcing them to classify their drivers as employees could force them both to shutter their operations altogether in that state (at least while they...more

Robins Kaplan LLP

Financial Daily Dose 8.11.2020 | Top Story: McDonalds Sues Former CEO Over Series of Workplace Affairs

Robins Kaplan LLP on

Eight months after firing its CEO, Steve Easterbrook, for “sexting with a subordinate,” McDonald’s has sued Easterbrook for allegedly “lying, concealing evidence and fraud” in what appears to be a series of other workplace...more

Burr & Forman

Was the Health Care Provider Exception in the Families First Coronavirus Response Act Just Struck Down?

Burr & Forman on

New York District Court - On August 3, 2020 a district court judge for the Southern District of New York issued an opinion striking down certain portions of the Department of Labor’s Final Rule interpreting the Families...more

McNees Wallace & Nurick LLC

Federal Judge Vacates Portions of DOL’s FFCRA Regulations

On Monday, August 3, 2020, U.S District Judge J. Paul Oetken of the Southern District of New York issued a Decision and Order striking down portions of the Department of Labor (“DOL”) regulations implementing the Families...more

Hogan Lovells

Federal court vacates portions of DOL’s FFCRA Regulations

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On August 3, 2020, in an action brought by the State of New York (New York) against the U.S. Department of Labor (DOL), a court in the Southern District of New York granted summary judgment to New York and vacated four...more

Ballard Spahr LLP

NY Court of Appeals Grapples with Classifying Gig Workers and the Modern Economy

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The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more

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