European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more
After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more
On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more
In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more
On January 7, 2021, the federal Department of Labor (DOL) published its final rule for determining whether a worker is an independent contractor or an employee for purposes of the Fair Labor Standards Act (FLSA). According to...more
A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more
On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA)....more
As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint...more
On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint...more
Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more
Companies defined as “foreign private issuers” enjoy a number of important advantages under special SEC rules and accommodations. Key Points: ..A company must pass one of two tests to qualify as an FPI. ...more
In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new...more
On January 3, 2017, Judge Amos L. Mazzant III issued a Memorandum Opinion and Order in State of Nevada v. United States Department of Labor, denying the U.S. Department of Labor’s (DOL) Motion to Stay Proceedings Pending...more
A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern...more
A recent decision by the Eleventh Circuit Court of Appeals appears to reject the U.S. Department of Labor’s oft-recited six-factor test, which is used to determine whether interns are actually functioning as employees. In...more
Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more
On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are “employees” versus “independent contractors” under the Fair Labor Standards...more
As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more
In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime...more