News & Analysis as of

Misclassification Joint Employers Staffing Agencies

Fox Rothschild LLP

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification

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I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to be a joint employer. Another...more

Polsinelli

Misclassification Concerns in Staffing Relationships

Polsinelli on

Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

Orrick, Herrington & Sutcliffe LLP

Hiring Ex‐US Agency Workers? What You Need to Know

Agency workers are a great option for high-growth companies looking to expand globally. It gives access to the best talent irrespective of location, and lets companies test new markets and remain flexible without the burden...more

Perkins Coie

NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSA

Perkins Coie on

The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more

Genova Burns LLC

All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections

Genova Burns LLC on

On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that...more

Payne & Fears

Key California Employment Law Cases: October 2019

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Davis Wright Tremaine LLP

Our Nominees for the Top 20 California Employment Law Risks

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

CMCP - California Minority Counsel Program

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

Akerman LLP - HR Defense

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Smith Debnam Narron Drake Saintsing & Myers,...

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

McAfee & Taft

Department of Labor withdraws joint employer guidance

McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Seyfarth Shaw LLP

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

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Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

Porter Hedges LLP

Employment Alert: "Joint Employer and Independent Contractor Classifications"

Porter Hedges LLP on

On Wednesday, June 7, 2017, the U.S. Department of Labor (“DOL”) withdrew two administrator interpretations published during the Obama Administration that had significantly narrowed the definition of independent contractor...more

FordHarrison

USDOL Withdraws Joint Employment and Independent Contractor Guidance

FordHarrison on

The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more

Ballard Spahr LLP

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

Sherman & Howard L.L.C.

DOL Trashes Obama-Era “Guidance”

Wednesday the DOL announced that it was withdrawing two critical pieces of “guidance” issued under the Obama administration. The first piece addressed the DOL’s rather narrow view of who is an independent contractor (S&H...more

Akin Gump Strauss Hauer & Feld LLP

DOL Withdraws Classification Guidance

On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more

Best Best & Krieger LLP

Department of Labor Rescinds Two Memos Broadening Joint Employer Liability - Impact on Court Decisions is Unclear

The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more

Franczek P.C.

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

Franczek P.C. on

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more

Sheppard Mullin Richter & Hampton LLP

The U.S. Department of Labor Rolls Back Obama-Era Guidance on Joint Employers and Independent Contractors

The U.S. Department of Labor (“DOL”) announced today that it was rolling back an Obama-era policy that attempted to increase regulatory oversight of joint employer and contractor businesses....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

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Troutman Pepper

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Snell & Wilmer

Trying To Avoid Liability by Outsourcing Labor to Staffing Companies? It May Not Work As Well As You Think!

Snell & Wilmer on

Joint employers beware… A recent case settled by the United States Department of Labor (DOL) Wage and Hour Division highlights how companies who outsource labor to staffing agencies may want to take precautions to ensure they...more

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