Labor and Employment Law

Recent Posts

Court of Appeals Decision Highlights Risk of (Mis)Classifying Employees
Posted on 29 Oct 2014 by Jon Hyman

I once handled a wage-and-hour investigation in which the employer, before retaining my services, hired an HR consultant to help classify its employees as exempt or non-exempt. The DOL, however, disagreed, and reclassified half of the company’s... Read More

A Reminder About the Dangers of Employee Misclassification
Posted on 1 Oct 2014 by Ashley Kasarjian

The Ninth Circuit provided a clear reminder to companies to ensure that employees are not misclassified as independent contractors. In Alexander v. FedEx Ground , a group of full-time delivery drivers from FedEx challenged their status as independent... Read More

States With Pro-Employee Laws: Crackdown on Misclassification
Posted on 15 Sep 2014 by Donna Ballman

Or, States That Don't Suck For Employees, Part III With wage theft rampant and employers trying to figure out ways to not pay employment taxes (and avoid application of employment laws), many employers try to say, "Boom! You're an independent... Read More

California Court Complicates Determination of Independent Contractor Misclassification Claims
Posted on 30 Oct 2014 by Robin Largent

A decision earlier this month by a California Court of Appeal in Dynamex v. Superior Court greatly (and unnecessarily) complicates the determination of whether an employee is an independent contractor or an employee, and in some instances makes it extremely... Read More

Is This the End of the Independent Contractor As We Know It?
Posted on 8 Sep 2014 by Jon Hyman

In Alexander v. FedEx Ground Package Sys. (8/27/14) , the 9th Circuit Court of Appeals concluded that FedEx’s delivery drivers are employees of the company, not independent contractors [an enhanced version of this opinion is available to lexis.com... Read More

The Unintended and Unfortunate Consequence of Wage-and-Hour Reforms
Posted on 30 Jul 2015 by Jon Hyman

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... Read More

"Jail 'Em" Says Pennsylvania Senator About Employers Who Misclassify
Posted on 19 Aug 2014 by Donna Ballman

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... Read More