News & Analysis as of

Minimum Wage Employee Definition Misclassification

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

Classification of App-Based Couriers as Employees in Mexico

App-based couriers in Mexico are now classified as employees under an amendment to the Federal Labor Law published on December 24, 2024, in the Official Gazette of the Federation (Diario Oficial de la Federación). ...more

Troutman Pepper Locke

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

PilieroMazza PLLC

Top 5 Employment Challenges in 2023 for Government Contractors

PilieroMazza PLLC on

As we enter 2023, PilieroMazza attorneys are tracking several labor and employment challenges that will impact government contractors. In this webinar, PilieroMazza‘s Sarah Nash, Practice Group Chair of the Firm’s Labor &...more

McAfee & Taft

Rewind, revise and clarify: DOL takes aim at independent contractor regs

McAfee & Taft on

This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more

Gould + Ratner LLP

New Administration, New Priorities - What Does a Biden Harris Administration Look Like for Employers?

Gould + Ratner LLP on

With the inauguration of Joseph R. Biden as the President of the United States yesterday, we expect to see a different focus, new guidance and new laws. Some of the major changes that may be delivered in the Biden...more

Epstein Becker & Green

Virginia Becomes First Southern State to Ban Race Discrimination Based on Hair Texture, Type, and Styles

Epstein Becker & Green on

First of Many Anticipated Employment Changes in Virginia, Including Expanded Coverage and Remedies for the Virginia Human Right Act and Minimum Wage Increases....more

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter – Winter 2019

BakerHostetler on

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

Cozen O'Connor

New Laws on Independent Contractors Could Be Coming to a City and State Near You

Cozen O'Connor on

Following in the footsteps of California, New York and Illinois are proposing their own versions of Assembly Bill 5 (AB5). The result could be a dramatic shift in how workers are classified. While these laws are intended to...more

Lewitt Hackman

Employment Defense: Workforce Classification

Lewitt Hackman on

The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more

Seyfarth Shaw LLP

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Seyfarth Shaw LLP on

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Fenwick & West LLP

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Stinson LLP

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

Stinson LLP on

Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Ballard Spahr LLP

Fitting a Square Peg Into a Round Hole: Worker Classification in the Gig Economy

Ballard Spahr LLP on

In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more

Littler

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Troutman Pepper Locke

Misclassification Claims Threaten Gig Economy Business

Troutman Pepper Locke on

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

Rumberger | Kirk

First Gig Economy Trial Decision: Independent Contractor

Rumberger | Kirk on

The Lawson v. Grubhub, Inc., trial has been closely monitored by those in the gig economy, since it is the first trial to address the classification of “gig” workers....more

Bradley Arant Boult Cummings LLP

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

Littler

Bill 148 is Now the Law in Ontario, Canada

Littler on

Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which significantly amends Ontario labour and employment law, has received Royal Assent and is now law....more

Rumberger | Kirk

Employee vs. Independent Contractor: How This Classification Is Bringing Legal Challenges To The Gig Economy

Rumberger | Kirk on

The gig economy is a labor market characterized by temporary positions or freelance work with independent workers for short-term engagements as opposed to permanent jobs. Think Uber, Delivery Dudes, Taskrabbit, and Upwork. ...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Troutman Pepper Locke

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Troutman Pepper Locke on

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Troutman Pepper Locke

October 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Perkins Coie

New Arizona Legislation May Affect the Interests of Arizona Businesses and Employers

Perkins Coie on

Two new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the independent contractor relationship and how wages are regulated. Below is a description...more

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