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Employer Liability Issues Employee Definition

Robinson & Cole LLP

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile...

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On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...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

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

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

Locke Lord LLP

Jurors Disagree on Whether Ride Share Drivers Are Independent Contractors or ‎Employees: June 2024 IC Legal News Update ‎

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Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - What Foreign Investors Need to Know About U.S. Independent Contractor Laws

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International Initiative, is joined by Megan Mitchell, AGG Employment Law partner, to discuss the complexities of classifying independent...more

Pillsbury - Propel

Don’t Be Fooled: Employers Cannot Circumvent Wage and Hour Rules by Classifying Workers as Contractors!

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Although companies may be tempted to classify workers as contractors to circumvent wage and hour rules, this is the classic example of penny-wise and pound foolish. Misclassification of employees as contractors can lead to...more

Littler

Effective July 1, Minnesota Employers Face Increased Scrutiny and Possible Liability for Using Independent Contractors Versus...

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Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws.  Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more

Tucker Arensberg, P.C.

Considerations When Switching Independent Contactors to Employees

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Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are...more

Spilman Thomas & Battle, PLLC

Everything Old is New Again: The Department of Labor Returns to the Past with Independent Contractors

It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

Cranfill Sumner LLP

Exception for “Transportation Workers” Under the Federal Arbitration Act Grows Larger

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The courts will generally enforce employee arbitration agreements via the Federal Arbitration Act (“FAA”). However, a “transportation workers” exemption exists under the FAA. On April 12, 2024, the United States Supreme Court...more

Brownstein Hyatt Farber Schreck

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

Bennett Jones LLP

Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

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On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the...more

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

Levenfeld Pearlstein, LLC

Are Your Workers Independent Contractors or Employees: A New DOL Rule Aims to Help Employers Answer That Question

The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The...more

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Sands Anderson PC

Understanding the New Rules of Independent Contractor Classification Law

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There are few areas in employment law that remain in a greater state of flux than the question of who a business can properly classify as an independent contractor.  The differences between federal and state law can make the...more

Gray Reed

More Guidance on Worker Classification for the Energy Industry

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This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more

Littler

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

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Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more

Goodwin

Employment Status - A View From Both Sides of the Pond

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In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Winthrop & Weinstine, P.A.

Independent Contractors Revisited: Frequently Asked Questions About the Department of Labor's New Final Rule for Worker...

On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA)....more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

Venable LLP

What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine...

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Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor...more

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