News & Analysis as of

Misclassification Enforcement Actions

Conn Maciel Carey LLP

Solicitor of Labor Publishes Annual “Enforcement Report” for 2023

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By Darius Rohani-Shukla and Eric J. Conn In late January 2024, the Department of Labor released its annual report summarizing the Solicitor of Labor’s (SOL) enforcement work in FY 2023. SOL enforces more than 180 federal...more

Foley & Lardner LLP

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

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Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

Venable LLP

FLSA Misclassification: Common Mistakes That Employers Make When Classifying Their Employees as "Exempt" from Overtime...

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In 2021, the U.S. Department of Labor (DOL) collected a whopping $234 million in back wages for nearly 200,000 employees who the DOL determined were not paid in accordance with the Fair Labor Standards Act (FLSA). Experts...more

Cohen Seglias Pallas Greenhall & Furman PC

Rare Criminal Enforcement for Violations of PA Workplace Misclassification Statute Leads to Dozens of Charges in Delaware County

Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.”...more

Robins Kaplan LLP

Financial Daily Dose 8.7.2020 | Top Story: White House Issues EOs Banning Transactions with TikTok and WeChat Parent Companies in...

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Dramatically escalating the growing tension with China (despite considerable ambiguity in its language), the White House issued executive orders that would “ban all ‘transactions’” with ByteDance, the Chinese owner of TikTok,...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Littler

The ABC Test: California States and Localities Support Plaintiffs’ Appeal, Signal Aggressive Enforcement

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The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated.  A series of court filings last week suggests that state and local officials may be gearing up to...more

Kramer Levin Naftalis & Frankel LLP

SEC-Mylan Settlement: The SEC Filed Suit Regarding Investigation Disclosure

On Sept. 27, 2019, the Securities and Exchange Commission (SEC) announced that Mylan N.V., a global pharma company that manufactures and sells EpiPen, which is used to treat serious allergic reactions, agreed to pay $30...more

Littler

Littler Global Guide - Singapore - Q2 2019

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Significant Changes to Employment Act, Effective April 1, 2019 - New Legislation Enacted - Significant changes to the Employment Act (Cap. 91)(the EA) came into force on April 1, 2019. The EA now applies to managers and...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 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

Robins Kaplan LLP

Your Daily Dose of Financial News

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The SEC has taken its first enforcement action against a hedge fund over its cryptocurrency investments—namely, falsely holding itself out as the “first regulated fund in the U.S. focused on crypto assets.” It also targeted a...more

Fisher Phillips

Your Comprehensive Guide to 2018 Proposed California Legislation

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February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Zelle  LLP

Employment Law Navigator – Week in Review: August 2016 #5

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Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

Poyner Spruill LLP

DOL Gets Reined In - Fifth Circuit Court of Appeals says the agency pushed too far in worker misclassification case

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As most employers know, the United States Department of Labor (DOL), along with many other federal and state agencies such as the Equal Employment Opportunity Commission, has focused on pursuing employers for misclassifying...more

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

Rhode Island and Federal Officials Agree to Cooperate in Investigating Independent Contractor Misclassification

On May 7, 2015, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) and the Rhode Island Department of Labor and Training (RI-DLT) entered into a Memorandum of Understanding (MOU) in which they agreed to...more

Snell & Wilmer

Multi-Agency Investigation Successfully Targets Arizona and Utah Construction Companies’ Misclassification of Employees

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Sixteen Arizona and Utah companies accused of misclassifying more than 1,000 construction workers agreed to pay $700,000 in back wages and penalties after a multi-year, multi-agency investigation led to consent judgments,...more

Troutman Pepper

January 2015 Independent Contractor Compliance and Misclassification Update

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JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more

Sheppard Mullin Richter & Hampton LLP

New York Teams-up with the U.S. Department of Labor to Crack Down on Independent Contractor Misclassification

In their continued efforts to crack down on the misclassification of independent contractors, and the resulting federal and state wage and hour violations, the New York State Department of Labor and the New York Attorney...more

Baker Donelson

Rise in misclassification suits and DOL audits quite a fright: what an employer can do to prepare

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Few things are more frightening to an employer than a worker misclassification suit. Perhaps a Department of Labor audit over wage and hour issues may be just as scary. One thing is for sure: disagreements about how workers...more

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