News & Analysis as of

Misclassification Wages Employer Liability Issues

Seyfarth Shaw LLP

Something’s Afoot in Tinsel Town: New Laws for the Entertainment Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give...more

Epstein Becker & Green

NJ Department of Labor Adopts Regulations on Suspension and Revocation of Employer Licenses

Epstein Becker & Green on

Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010...more

Troutman Pepper

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

Troutman Pepper 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

Foley & Lardner LLP

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

Foley & Lardner LLP on

Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Fisher Phillips

Federal Wage Claims? That's The Easy Part!

Fisher Phillips on

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

Troutman Pepper

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

Troutman Pepper on

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

Mintz - Employment, Labor & Benefits...

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

Pullman & Comley - Labor, Employment and...

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

Morrison & Foerster LLP

A New Dawn for California Class Actions

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

BakerHostetler

California Supreme Court (!) Issues Strong Pro-Defense Wage and Hour Class Action Decision

BakerHostetler on

“Depending on the nature of the claimed exemption and the facts of a particular case, a misclassification claim has the potential to raise numerous individual questions that may be difficult, or even impossible, to litigate...more

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

California Agencies Don’t Get Two Bites At The Apple When It Comes To Misclassification

Happy Nails & Spa of Fashion Valley, LP, v. Julie Su, No. D060621 (July 19, 2013): A California Court of Appeal recently held that an employer does not have to relitigate the issue of whether the workers at its facilities are...more

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