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Employee Retirement Income Security Act (ERISA) › Employee Definition

Hall Benefits Law

The DOL’s New “Economic Realities” Test to Determine Employee Status: ERISA Considerations for Benefit Plan Sponsors

Hall Benefits Law on

The Department of Labor (DOL) Wage and Hour Division issued final regulations, effective March 11, 2024, which are intended to serve as a practical guide to employers on how the DOL determines whether a worker is an employee...more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

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

Akin Gump Strauss Hauer & Feld LLP

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

Akin Gump Strauss Hauer & Feld LLP on

A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more

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

Compass: Insights And Direction For Employers – Fall 2019

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

The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more

Snell & Wilmer

A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California

Snell & Wilmer on

Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

Proskauer - Employee Benefits & Executive... on

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more

McDermott Will & Emery

Worker Classification: Complications Beyond the Front Page

McDermott Will & Emery on

California’s Dynamex Rolls Out The ABC Test And The Presumption Of Employment - ? The burden is placed on the employer to prove IC status ? Individual is deemed an employee unless employer demonstrates prongs A, B, and...more

Bradley Arant Boult Cummings LLP

DOL Regulations on Association Health Plans: How Will They Affect the Health Insurance Marketplace?

Bradley Arant Boult Cummings LLP on

Last year, the President issued an Executive Order directing the Secretary of the Department of Labor (DOL) to issue regulations to expand access to association health plans (AHPs). Earlier this year, the DOL issued final...more

Eversheds Sutherland (US) LLP

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent

Eversheds Sutherland (US) LLP on

On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more

Jackson Lewis P.C.

New Bill Could Add Safe Harbor To Definition Of Employee

Jackson Lewis P.C. on

In the employee benefits world, a lot can hang on an individual’s classification as an employee. Whether someone is a leased employee, an independent contractor, or a member of the rank and file can have a dramatic impact on...more

Troutman Pepper

March 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

The cases reported in this update continue to reflect the fact that IC misclassification cases cut across virtually all industries. Below are IC misclassification cases from such diverse industries as insurance, ride-sharing,...more

Williams Mullen

Misclassified Employees Not Barred From Recovering Damages Based on Value of ERISA Plan Benefits They Should Have Been Provided:...

Williams Mullen on

A federal court has held that plaintiffs who proved they had been misclassified as independent contractors, and should have been considered employees, could recover money damages under state law based on the value of the...more

Bradley Arant Boult Cummings LLP

ERISA Retaliation Claims: Avoiding Potential Employer Pitfalls

Bradley Arant Boult Cummings LLP on

Most employers and human resources professionals are well aware of the various federal discrimination statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age...more

Hinshaw & Culbertson LLP

Who is an employee and who is an independent contractor under the employer mandate provisions of the Affordable Care Act...

Hinshaw & Culbertson LLP on

As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences. The classification can determine whether the principal is liable for the negligent acts...more

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