News & Analysis as of

Entertainment Industry Wage and Hour Employee Definition

Miles & Stockbridge P.C.

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

Fox Rothschild LLP

Can A Rocker Be An Independent Contractor? Does He Need A Written Contract?

Fox Rothschild LLP on

I read an interesting blog post by Emily Bushaw and Shannon McDermott in the Perkins Coie blog about a law in Washington State and independent contractor musicians. The Washington Employment Security Department (ESD) has...more

Littler

Shock and Awe! California Employers Face Onslaught of New Regulations

Littler on

With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more

Seyfarth Shaw LLP

California Employment Legislative Update: Governor Newsom Gets to Work

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired...more

Troutman Pepper

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects DOL Test on Intern Pay

Over the past several years, employment lawyers have cautioned their clients with regard to legal risks involved with unpaid internships. As these internships rose in popularity, many of the arrangements failed to meet...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A New Internship Standard The Second Circuits Seven Factor Test and What it Means for Your Company

On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and...more

Genova Burns LLC

Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

Genova Burns LLC on

On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can...more

Bradley Arant Boult Cummings LLP

Somebody Get Me an Intern!—Second Circuit Overturns “Black Swan” FLSA Case

Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures...more

Troutman Pepper

June 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

Mintz - Employment, Labor & Benefits...

Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more

Baker Donelson

Interns or Employees? The Issue Draws Nearer to Conclusion

Baker Donelson on

Three and a half years ago, litigation began in the Southern District of New York ("S.D.N.Y.") challenging the long-held assumption that interns were not "employees" under the law. These cases alleged that interns who were...more

Littler

Nevada Supreme Court Adopts Economic Realities Test to Determine Employment Status

Littler on

Recently, the Nevada Supreme Court in Terry, et al., v. Sapphire Gentlemen's Club, reversed a lower court's ruling and held that performers at Sapphire Gentlemen's Club meet the definition of "employees" under the Nevada...more

BakerHostetler

Nevada Supreme Court Finds Class of Strippers Were Employees

BakerHostetler on

Given the extensive use of euphemisms in the exotic dancing trade, we’ll apologize in advance for any unintended puns. We’ve written on the issue of the classification of exotic dancers or strippers in the past [April...more

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