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Independent Contractors Non-Exempt Employees

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 -
Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

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I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Fenwick & West LLP

Employment Practices Group - Startup Guide to Hiring and Terminations

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An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....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,...

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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

Jackson Lewis P.C.

Class Action Trends Report Winter 2023

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In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

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In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

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Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Jackson Lewis P.C.

Wage And Hour Class Actions In Real Estate Industry: Traps For The Unwary

Jackson Lewis P.C. on

Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate...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

Jackson Lewis P.C.

Worker Classification: A Pre- And Post-COVID-19 Challenge For Real Estate Industry

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While some say “COVID-19 has changed everything,” a couple of issues for real estate employers are unchanged. First, in the brokerage world, properly classifying agents as independent contractors, instead of employees,...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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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

Jackson Lewis P.C.

2019 Wage & Hour Developments: A Year in Review

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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

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter – Winter 2019

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Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

Payne & Fears

[Webinar] What You Need to Know About 2020 Changes to CA Employment Law - December 5th, 11:00 am PT

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This complimentary webinar will educate business owners, in-house counsel and human resources professionals on legislative and case law updates that will impact employment in California in 2020, including: • The assault on...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

Polsinelli

California Bill AB5 Will Rewrite the Rules for Independent Contractors

Polsinelli on

On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the nation’s largest state.  With the California Assembly concurring in the Senate’s amendments to the...more

Coblentz Patch Duffy & Bass

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

Troutman Pepper

California Adopts Strict Independent Contractor Test in New Bill

Troutman Pepper on

On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more

Seyfarth Shaw LLP

Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee...

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Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more

Fisher Phillips

Checking Off USDOL's Regulatory Agenda

Fisher Phillips on

While stakeholders await final regulations on the white-collar exemptions (a/k/a Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip...more

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Littler

Return of the Living Dead: Could Unsuccessful California Bills Haunt Employers in 2018?

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As discussed in our prior article, Governor Jerry Brown recently signed several significant labor and employment measures into law in California, including a statewide ban-the-box provision and an expansion of parental leave...more

Miller & Martin PLLC

It's Not Too Late to Make Your 2017 HR Resolutions

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It's a new year. Now that the first month is nearly behind us, many of us have begun making progress on (or even broken) some of our personal resolutions meant to improve ourselves in 2017. But, have you taken the time to...more

Spilman Thomas & Battle, PLLC

Labor & Employment Hot Topics Impacting the Construction Industry

A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more

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