News & Analysis as of

Wage and Hour Employee Definition

Polsinelli

DOL Abandons 2024 Independent Contractor Test

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What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Clark Hill PLC

What the Revised Earned Sick Time Act Means for Michigan Employers

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On Feb. 21, Governor Whitmer signed an amendment to the Earned Sick Time Act (“ESTA”), which became effective immediately. The law requires most Michigan employers to permit employees to accrue and use paid earned sick time....more

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

Classification of App-Based Couriers as Employees in Mexico

App-based couriers in Mexico are now classified as employees under an amendment to the Federal Labor Law published on December 24, 2024, in the Official Gazette of the Federation (Diario Oficial de la Federación). ...more

K&L Gates LLP

New Year's Resolutions for Employment, Industrial Relations, and Work Health and Safety

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A few New Year’s Resolutions from an employment, industrial relations and work health and safety perspective as we kick off 2025....more

Bricker Graydon LLP

Do I Need to Pay My Student Intern?

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With the start of this new semester, we have received several questions regarding whether student interns need to be paid. As everyone knows, state and federal law requires employers to pay employees for their work. ...more

Troutman Pepper Locke

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

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As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

Littler

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

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National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as...more

Troutman Pepper Locke

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

Akerman LLP - HR Defense

Worker Classification in the Gig Economy: Legal Wins and Strategic Considerations for Employers

The gig economy continues to prosper, fueled by some recent legal wins, which have been delivered at a crucial juncture for businesses reliant on the flexibility and cost efficiencies that come with classifying workers as...more

Troutman Pepper Locke

How Health Care Systems Can Guard Against Independent Contractor Misclassification ‎Liability for Contract Nurses

Troutman Pepper Locke on

We can learn quite a lot from a legal challenge faced by other business organizations in the same industry. In September, we noticed that a large health care system operating in seven states west of the Mississippi had been...more

Troutman Pepper Locke

Newest State Independent Contractor Pay Protection Law Creates Uncertainties: October 2024 ‎IC Legal News Update

Troutman Pepper Locke on

The most significant legal development in the past month in the area of independent contractor compliance was the enactment of California’s Freelance Worker Protection Act, which goes into effect on January 1, 2025. We have...more

Seyfarth Shaw LLP

Appellate Courts Restore a Measure of Sanity to Independent Contractor Classification Under Massachusetts’ Wage Law

Seyfarth Shaw LLP on

In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more

Bodman

Are Independent Contractors Covered Under Michigan’s Earned Sick Time Act?

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Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025.  As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who,...more

Robinson+Cole Manufacturing Law Blog

As the Season Changes, Don’t Fall Behind: 4 Key Employment Law Trends

As the seasons change, so do manufacturers’ priorities. Fall is typically one of the busiest hiring periods of the calendar year, so many manufacturers are likely bracing themselves for this challenge. That said, there were...more

Troutman Pepper Locke

Independent Contractor Misclassification Lawsuits Involve Record Label Artists, Imam, ‎and Recyclable Sorters: August 2024 IC...

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The legal developments in the area of independent contractor misclassification and compliance last month include cases against a record label company, an Islamic Center, and a waste recycling company. Lawsuits for IC...more

Littler

Los Angeles Publishes “Model Contract” Under Freelance Workers Protections Ordinance

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On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for...more

PilieroMazza PLLC

Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction

PilieroMazza PLLC on

Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more

Davis Wright Tremaine LLP

D.C. Attorney General Cracks Down on Worker Misclassification

D.C. businesses that utilize independent contractors would be well advised to review and revise their independent contractor relationships in light of an increased focus by the D.C. Office of the Attorney General ("OAG") on...more

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

CDF Labor Law LLP on

Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

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On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Jackson Lewis P.C.

Impacts of Third Circuit’s Decision on Student-Athletes as Employees

Jackson Lewis P.C. on

In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and...more

Troutman Pepper Locke

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Littler

Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

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The National Collegiate Athletic Association (NCAA) has long argued that college athletes are amateurs exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA). Until last week, courts around the United...more

Troutman Pepper Locke

Jurors Disagree on Whether Ride Share Drivers Are Independent Contractors or ‎Employees: June 2024 IC Legal News Update ‎

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Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more

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