I've written here recently about the one-sided Criminalization of Employment Law . It seems that employees are getting tossed in jail while scofflaw employers sail off in their yachts laughing at the 99%. Well, at least one state Senator is doing...
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations,
29 C.F.R. § 510 et seq. , mandate that most employees in the United
States be paid at least the...
Wage-and-hour reforms are all the rage. Yet, with reform comes a potential unforeseen price—businesses that simply cannot afford to stay in business.
From Re/Code :
Cleaning services company Homejoy is shutting down on July 31 after struggling...
Misclassification of Employees as Independent
This is a problem that has plagued America's workforce for many years.
Companies have repeatedly, and purposefully, engaged in the practice of
misclassifying people who should be deemed...
Last week, two different California federal judges reached the same conclusion in two different lawsuits brought against two different ride-hailing companies, Uber and Lyft.
O’Connor v. Uber Technologies, Inc. [ an enhanced version of this opinion...
One of my least favorite topics to teach in my employment law course is the definition of "employee" (vs. independent contractor, trainee/intern, volunteer, or something else). Why? There are several different tests; they can have a dozen or...
At a signing ceremony at the offices of the Department of Labor in Washington, D.C., the DOL and the IRS signed a memorandum of understanding that will likely result in increased DOL and IRS enforcement proceedings against employers accused of misclassifying...
Two weeks ago, I wrote about whether harassment training should be offered to employees in "the Twilight Zone" -- mainly, lead persons and contingent workers (temporaries and independent contractors). Reader Paul C. suggested that I do a post...
Employers take a risk when they classify someone
performing services for them as an independent contractor instead of an
employee. Because employers owe contractors far fewer obligations than
employees, employers risk each of the following if a court...
Few things in the law are as poorly defined as the distinction between independent contractors and employees. This will be the first post in a series dedicated to that distinction. One of the problems is that courts apply different tests depending on...
In my younger days, I had a summer job in college where I clocked in at 9 and left at 5. They gave me a desk, a computer, training, a supervisor, job instruction, and a not-so-fatty paycheck. But, at least, nothing got withheld from my paycheck.
The IRS is becoming more aggressive in enforcement of
employment classification and is scrutinizing the distinctions between
employees and independent contractors with an increasing level of focus. The
question of whether a worker is an independent...
Yesterday, we reviewed the Third Circuit's classification test for employees under the FLSA . Next up: Pennsylvania's test for purposes of Unemployment Compensation. When does this come into play? Well, claimants are generally not entitled to...
by Korey Clark
One of the biggest obstacles facing ride-sharing companies like Uber and Lyft since coming into existence a few years ago has been getting permission from city and state regulators to operate. But having won that approval in many places...
In this Emerging Issues commentary, Thomas Fox discusses the "right of control" test that is used under Texas Law in determining contractor liability for its employees' acts. In addition, Mr. Fox provides guidance to businesses operating...