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Misclassification Rulemaking Process

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

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Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

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On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Fisher Phillips

Business Groups Sue Feds In Effort To Revive Gig Economy Rule

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If a consortium of businesses have their way, the federal government will be forced to adopt and enforce the rule proposed by the Trump-era Department of Labor that was about to make it easier for businesses to classify their...more

Pullman & Comley - Labor, Employment and...

DOL Proposes Delaying Newly Published Rule on Independent Contractors

Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...more

Fisher Phillips

Businesses Could Get Gift Of Gig Economy Rule Under The Christmas Tree This Year

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With only a few weeks left in 2020 and a new administration set to take control of the Department of Labor a few weeks later, companies that rely upon a gig economy business model may be in store for a nice gift this...more

Bradley Arant Boult Cummings LLP

New Reality? DOL Publishes Proposed Rule on Independent Contractor Status

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more

Dentons

Is a Worker an Employee or Independent Contractor? DOL Proposes New Rule

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For many years, construction companies have been faced with the issue of whether they should treat a worker as an employee or independent contractor. Handling the issue incorrectly can have serious consequences. Various...more

Perkins Coie

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

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The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

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On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

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While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more

Littler

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

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Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Epstein Becker & Green

Federal Judge Denies Ride Share and Delivery Companies’ Request for Preliminary Injunction to Enjoin Enforcement of California’s...

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As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more

Littler

New Jersey Enacts Legislative Package to Add Teeth to Worker Misclassification Laws

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Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more

Littler

Plaintiffs’ Bar Seeks to Expand Reach of California’s Dynamex Decision and ABC Test to Franchising, Joint Employment

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The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

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On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

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Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Epstein Becker & Green

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000...

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As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more

Seyfarth Shaw LLP

California State Court Agrees With Motor Carriers’ Preemption Challenge To AB 5

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Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more

Epstein Becker & Green

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

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Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more

Cozen O'Connor

Employment Law Now: IV-51 - A New 2020 Vision

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In this first new episode of 2020 (Season 4), we look at the 15 hot topics your company should have on your list to think about....more

Seyfarth Shaw LLP

Frosty, the Gig Worker Performing Work Outside the Usual Course of the Hiring Entity’s Business: 2019 Year in Review

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‘Twas the week before Christmas, in a year for the ages. So here’s our latest recap of hours and wages. The letters and laws. The regulations and cases. A year’s worth of matters that impacted workplaces....more

FordHarrison

New Jersey Is About to Take Another Step Towards Eliminating the Use of Independent Contractors by Providing Them with Benefits

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The New Jersey Legislature appears poised to pass S67, the Portable Benefits Act for Independent Contractors, in the upcoming lame-duck session. If passed, the Governor is expected to sign the bill before the end of the year....more

Seyfarth Shaw LLP

Companies Remain In Suspense On AB 5 Independent Contractor Bill

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Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session....more

Littler

AB 5 Update: California Senate Committee “Suspends” Discussion, For Now

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With the resumption of the current legislative session on August 12, 2019, the California Senate Appropriations Committee briefly considered Assembly Bill 5 (AB 5), the legislature’s purported solution to the California...more

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