News & Analysis as of

Misclassification Employer Responsibilities

Constangy, Brooks, Smith & Prophete, LLP

Employ Globally, Comply Locally: Cross-border employment and the Massachusetts Wage Act

A recent Massachusetts federal court decision should serve as an important reminder to employers that the Massachusetts Wage Act can apply even to an individual residing and working in another country, as long as there are...more

Ius Laboris

Seasonal Contracts: Answers to Five Common Questions 

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The start and end of seasonal periods in France – in summer, after the grape harvest, and in winter, at the end of the ski season – are an opportunity to review the rules governing seasonal fixed-term contracts. These...more

Cranfill Sumner LLP

Worker Classification: Employees vs. Independent Contractors (Part III)

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Correctly classifying workers as employees or independent contractors is essential not only for complying with wage and hour laws under the Fair Labor Standards Act (FLSA) and certain tax obligations, but for several other...more

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

Three Wage-and-Hour Issues for Employers to Prioritize for 2026

As 2026 approaches, employers may want to assess the following wage-and-hour compliance issues: rising salary thresholds for overtime exemptions, widening gaps between federal and state minimum wage amounts, and increasingly...more

Cranfill Sumner LLP

Worker Classification: Employees vs. Independent Contractors (Part I)

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Is Your Worker an Employee or an Independent Contractor? Determining whether a worker is an employee or an independent contractor is not just a matter of paperwork. It is a legal classification with significant...more

Thompson Coburn LLP

Use of AI In Decision-Making May Jeopardize Employees’ FLSA Exempt Status

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As artificial intelligence becomes more prevalent in workplaces, it may have an unexpected impact upon employers.  While employers may focus on the benefits AI provides, they must also be mindful that AI may impact employee...more

Hall Benefits Law

Lyft Pays $19.4 Million to NJ Attorney General’s Office for Driver Misclassification

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The New Jersey Attorney General’s Office has announced that Lyft has paid off the $19.4 million it owed to the state for misclassifying drivers as independent contractors....more

Littler

When is a Contract for Services an Employment Contract in the Netherlands?

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A recent case in the Netherlands assessed whether a contract for services constituted an employment contract under Dutch law. In this case, an employer and an employee entered into a contract for services for certain work. At...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – October 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...more

Sheppard Mullin Richter & Hampton LLP

California’s 2024-2025 Legislative Session Closes with a Host of New Employment Laws for 2026

The 2024–2025 California legislative session came to an official close at midnight on October 13, 2025, when Governor Newsom’s deadline to sign or veto bills passed by the Legislature expired. Of the approximately 917 bills...more

Morgan Lewis

California Announces 2026 Increase in Computer Professional Exemption Compensation Rate

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California employers must ensure that compensation rates for computer professionals meet new compensation thresholds as of January 1, 2026. Each year, the California Department of Industrial Relations (DIR) sets the...more

Troutman Pepper Locke

Minnesota AG Ellison Reaches $800,000 Settlement With Shipt to Protect Workers’ Rights

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On September 26, 2025, Minnesota Attorney General (AG) Keith Ellison announced a $800,000 settlement with Shipt, Inc. (Shipt). The settlement resolves allegations that the company was misclassifying its workers (referred to...more

K&L Gates LLP

Navigating FLSA Overtime Exemptions in AI-Integrated Positions

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Over the past two years, the use of artificial intelligence (AI) by employees—especially within white-collar professions—has surged, with nearly twice as many workers now relying on AI tools for a portion of their daily...more

Frost Brown Todd

Recent Amendments to the Colorado Wage Act: Stronger Employee Protections, Higher Stakes for Employers

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On August 6, 2025, various amendments to the Colorado Wage Act, § 8-4-101, et. seq. took effect and have important ramifications for Colorado employers. Among other changes, the amendments create new fines for employee...more

Constangy, Brooks, Smith & Prophete, LLP

California Supreme Court raises bar for employers: “We didn’t know” is no defense

In a unanimous decision that strengthened California’s already robust worker protections laws, the state’s Supreme Court has made it harder for employers to avoid increased damages for minimum wage violations. The ruling in...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Kerr Russell

Wage and Hour Self-audit Program May Allow Employers to Correct Wage Errors

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Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair...more

Fox Rothschild LLP

2025 Minnesota Legislative Session: What Employers Need to Know

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Minnesota employers need to prepare for a number of changes beginning this fall, including increased financial penalties for misrepresenting unemployment benefits information. The changes are the result of amendments to...more

Buchalter

Colorado Cracks Down: New Wage Law Brings Big Changes for Employers Starting August 6, 2025

Buchalter on

On May 22, 2025, Colorado House Bill 25-1001 was signed into law, which amends the Colorado Wage Claim Act, C.R.S. § 8-4-101, et seq. As a result, August 6, 2025, marks the start of new compliance obligations that...more

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

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I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more

Davidoff Hutcher & Citron LLP

Overtime Compliance for New York Restaurant Owners: Avoiding Costly Legal Mistakes

Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more

Harris Beach Murtha PLLC

DOL Pauses Enforcement of 2024 Rule on Independent Contractor Classifications

In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...more

Littler

New Jersey’s Declaration of No Independence? Agency Issues Proposed Regulations on the ABC Test

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On April 28, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a press release announcing the publication of proposed regulations interpreting the “ABC test” used to determine whether workers...more

Saiber LLC

NJ DOL Proposes New Rules Clarifying the ABC Test for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations aimed at clarifying how employers should apply the “ABC test” to determine whether a worker is properly classified as...more

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