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Independent Contractors Fair Labor Standards Act (FLSA) Agricultural Workers

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 -
Davis Wright Tremaine LLP

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

Morgan Lewis

DOL Issues Interpretation to Expand Joint-Employer Liability

Morgan Lewis on

The position could expose more putative employers to potential liability under the Fair Labor Standards Act. In an Administrator’s Interpretation (AI) issued on January 20, the US Department of Labor’s (DOL’s) Wage and...more

Baker Donelson

DOL Presents: The Ghost of Violations Past

Baker Donelson on

On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

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