News & Analysis as of

Independent Contractors Exempt-Employees Misclassification

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

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Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Adams and Reese LLP

[Webinar] Wage and Hour: Potential Pitfalls - April 19th, 12:00 pm - 1:00 pm CDT

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Adams and Reese will host a webinar, “Wage and Hour: Potential Pitfalls,” taking place on Wednesday, April 19, from Noon to 1 p.m. central time, via ON24 Webcast. Please join us for a one-hour CLE on common wage and hour...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

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

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For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Constangy, Brooks, Smith & Prophete, LLP

Employer, Audit Thyself!

Before the coming crackdown. We expect federal agencies under the Biden Administration to move in a not-so-employer-friendly direction as soon as they have a chance to get settled in. While they're still settling in, this...more

Lewitt Hackman

Franchisor 101: AB 5’s Preemptive Strike

Lewitt Hackman on

Franchisors faced unprecedented challenges in 2020. Enactment of California’s Assembly Bill 5 on January 1, 2020 was just the tip of an iceberg. As the COVID-19 pandemic upended franchise systems across all industries,...more

Nossaman LLP

On-Demand Webinar | Legislative Updates for Employers to Plan for a Successful (and Compliant) 2021

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Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute...more

Nossaman LLP

[Webinar] Legislative Updates for Employers to Plan for a Successful (and Compliant) 2021 - December 15th, 10:00 am - 10:45 am PST

Nossaman LLP on

Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute...more

Epstein Becker & Green

#WorkforceWednesday: CA Passes Proposition 22, New Marijuana Laws, New Administration’s Impact on Your Business - Employment Law...

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It’s #WorkforceWednesday. This week, we focus on key state-level election results impacting employment law and what a new administration will mean for your business. Proposition 22 Passes in CA, Further Narrowing AB5 (video...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Fisher Phillips

Battle Lines Drawn: Another Appeals Court Rules That Drivers Can Escape Arbitration, Furthering National Split For Gig Economy...

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Gig economy companies received bad news yesterday when yet another federal appeals court ruled that delivery drivers – even independent contractors – can escape otherwise valid arbitration agreements. This is now the third...more

Fisher Phillips

Federal Appeals Court Hands Gig Companies Best New Prime News Yet, Requiring Grubhub Workers To Arbitrate Dispute

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A federal appeals court just handed Grubhub – and gig economy companies in general – a pivotal victory by narrowly interpreting an exception allowing certain transportation workers (including independent contractors) to...more

Jackson Lewis P.C.

2019 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009. ...more

Akin Gump Strauss Hauer & Feld LLP

Court Denies Preliminary Injunction in Uber Lawsuit Arguing that California’s AB 5 is Unconstitutional; Other Challenges Continue

- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more

Seyfarth Shaw LLP

2nd Cir. Rules Utilization Reviewer Was Exempt “Professional”

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Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more

Littler

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

Littler on

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more

Epstein Becker & Green

California Freelance Writers and Photographers Challenge the Constitutionality of AB 5

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We have written previously about California’s new statute, referred to as AB 5, which codifies and expands the “ABC test” for independent contractors set forth in Dynamex Operations West, Inc. v. Superior Court....more

Epstein Becker & Green

California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test

Epstein Becker & Green on

As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into...more

Fisher Phillips

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Cozen O'Connor

Countdown to 2020: Five Hot Compliance Tips to Keep HR Professionals Out of Hot Water

Cozen O'Connor on

It is time to make sure you are ready for 2020 (and beyond). Here are five (5) hot HR compliance issues you should be tracking and implementing: New Salary Thresholds for Exempt Employees under the Fair Labor Standards Act -...more

Fisher Phillips

Cannabis Employers Can’t Escape Wage Claims, Says Court

Fisher Phillips on

• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

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

Beltway Buzz - September 2019 #4

Meet the New Boss. The U.S. Senate confirmed Eugene Scalia as the new secretary of labor on September 26, 2019. Scalia, who served as solicitor of labor in the George W. Bush administration, is expected to continue apace with...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Fisher Phillips

Rewriting California’s Independent Contractor Rules: A Business Survival Guide

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With his signature on AB 5 on September 18, 2019, California Governor Gavin Newsom has completed the year-long overhaul of the state’s independent contractor test. What was once governed by a balancing test that provided...more

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