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State and Local Government Joint Employers

DarrowEverett LLP

2024 Employment Law Updates: Discussing FTC, NLRB, and Pay Equity Matters

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As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

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When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Fox Rothschild LLP

California’s Tectonic Plates Shift — Part II

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Signed into law on September 18, 2019 by Governor Gavin Newsom, Assembly Bill 5 (commonly known as AB-5), took effect on January 1, 2020. AB-5 codified the California Supreme Court’s June 2018 decision in Dynamex Operations...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

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On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Foley & Lardner LLP

They Said They Would, and So They Did: DOL Formally Withdraws Joint Employer Regulations

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Joint employment continues to be a hot-button issue, especially as many companies look to contingent workforces to provide flexibility as businesses reopen in this uncertain economic landscape. Joint employment is found...more

Bradley Arant Boult Cummings LLP

Joint Employment -- Still a Conundrum

For generations of small business owners franchising serves as a successful business model. Under this paradigm a franchisor grants a franchisee a license to use the franchisor’s trademark and business concept in exchange for...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

Sheppard Mullin Richter & Hampton LLP

New York Federal Court Strikes Down Key Portions of Joint Employer Rule

On September 8, 2020, a Federal Judge in New York struck down a key portion of the U.S. Department of Labor’s (“DOL”) new joint employer rule, which took effect just several months ago in March 2020. Background: Under...more

Jackson Lewis P.C.

States May Proceed With Lawsuit Challenging DOL’s New ‘Joint Employer’ Rule

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The 18 states challenging the U.S. Department of Labor’s (DOL) new “joint employer” rule may proceed, a district court has decided, over the DOL’s motion to dismiss the case. State of New York v. Scalia, 2020 U.S. Dist. LEXIS...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February 2020 Edition)

Littler on

Hey, do you want to read an article not about COVID-19? Well, you are in luck, because in this virus-free issue of Wage Watch, we discuss only developments concerning the minimum wage, tips, and overtime that occurred in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

FordHarrison

NYS DOH Responds In Q&A to Joint Employer Questions and Reveals the Challenge A Fiscal Intermediary Faces in Obtaining an Offer...

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In our December 23, 2019 Legal Alert we reported that the NYS Department of Health’s (“DOH”) Request for Offers (“RFO”) required a “Joint Employment Attestation” in any offer to continue or first become a Fiscal Intermediary...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Littler

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

Littler on

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

Robinson+Cole Manufacturing Law Blog

A Look Back and Ahead: 2020 Employment Law Predictions

Our tradition includes using our first January post to make predictions about “what’s to come” in the year ahead.  But first, let’s see how I did over the last year.  “Time for 2019 Manufacturing Law Predictions:  Drum Roll...more

Lewitt Hackman

Good News for California Employers Following a Difficult 2019 Legislative Session

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On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

Best Best & Krieger LLP

AB 5 Compliance: Public Agencies and Joint Employer Liability

Independent Contractor Agreements Should be Reviewed - With Assembly Bill 5 taking effect Jan. 1, public agencies should not overlook potential joint employer liability claims, which may become more common under AB 5....more

FordHarrison

Will Your Fiscal Intermediary Be Chosen to Participate in New York's CDPAP?

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The New York State Department of Health (DOH) recently issued a Request for Offers (RFO) from eligible entities who want to continue or first commence participating as Fiscal Intermediaries (FIs) under the New York Consumer...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

FordHarrison

New York Mandates That Fiscal Intermediaries Be Joint Employers to Continue in Consumer Directed Personal Assistance Program

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On December 18, 2019 New York State’s Department of Health (DOH) issued a Request for Offers (RFO) from those who wish to continue or first become Fiscal Intermediaries (FIs) under the State’s Consumer Directed Personal...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

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As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Littler

Worker Misclassification Questions Dominate California Legal Landscape

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In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more

Littler

AB 5 Update: Joint Employment, Retroactivity, and Implementation Challenges

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As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the...more

Littler

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

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On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more

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