News & Analysis as of

Employees Misclassification Wage and Hour

Conn Maciel Carey LLP

Solicitor of Labor Publishes Annual “Enforcement Report” for 2023

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By Darius Rohani-Shukla and Eric J. Conn In late January 2024, the Department of Labor released its annual report summarizing the Solicitor of Labor’s (SOL) enforcement work in FY 2023. SOL enforces more than 180 federal...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Verrill

Department of Labor Releases Final Independent Contractor Status Rule

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On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency...more

CDF Labor Law LLP

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

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CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

Goldberg Segalla

US DOL Announces Final Rule on Classification of Workers as Employees or Independent Contractors under FLSA

Goldberg Segalla on

Key Takeaways - -The Department of Labor recently clarified a critical distinction between an employee and an independent contractor. -The courts will no longer use the Trump-era rule that focused on two core factors:...more

Sherman & Howard L.L.C.

DOL Officially Returns to Stricter Independent Contractor Rule Under Fair Labor Standards Act

“Employee means any individual employed by an employer.” That’s not some sixth grader’s attempt to mask their failure to study for a vocab quiz: It’s what Congress gifted us with 85 years ago in the Fair Labor Standards Act...more

Brownstein Hyatt Farber Schreck

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

Locke Lord LLP

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Locke Lord LLP on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

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Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Fenwick & West LLP

Startup Guide to Hiring and Terminations: Worker Classification

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Hiring workers is an important step for startups. Startups engage two main types of workers—employees and independent contractors. It can be difficult to determine the proper classification of a worker, especially since both...more

Polsinelli

Misclassification Concerns in Staffing Relationships

Polsinelli on

Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Littler

U.S. Court of Appeals Offers Guidance on Applicability of Massachusetts Wage and Hour Laws to Out-of-State Workers

Littler on

The U.S. Court of Appeals for the First Circuit recently affirmed a district court finding that the Massachusetts Wage Act did not apply to a person who mostly lived and worked in Florida. While the court’s decision in...more

Fisher Phillips

Massachusetts Franchise Owner-Operators May Be Employees of Franchisors

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The Massachusetts Supreme Judicial Court just held that 7-Eleven franchisees may be employees of 7-Eleven under Massachusetts wage and hour law. The March 24 decision in Dhananjay Patel v. 7-Eleven, Inc. will have significant...more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

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On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

Foley & Lardner LLP

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

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Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

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The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Sheppard Mullin Richter & Hampton LLP

Independent Contractor v. Employee: DOL Releases Proposed Rule Clarifying Test for Classification of Workers

On September 22, 2020, the United States Department of Labor (DOL) released a long-awaited proposed rule (the “Proposed Rule”) providing guidance for determining employee versus independent contractor status under the Fair...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

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On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Steptoe & Johnson PLLC

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

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On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

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