Labor and Employment Law

Recent Posts

Are My Business’s Workers In New Jersey Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?
Posted on 20 May 2011 by David S. Rich

The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations, 29 C.F.R. § 510 et seq. , require nearly all employers to pay most employees not less than the... Read More

You’ve Been Warned – Those Independent Contractors Are Probably Employees
Posted on 23 Jul 2015 by Robin Shea

Are you still using “independent contractors”? Get out of here – you know they’re really employees! On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator... Read More

Employee or Independent Contractor? Workers' Compensation Edition
Posted on 8 Sep 2015 by Philip Miles

Let's continue our tour through the different classification standards with the Pennsylvania standard for workers' compensation. You can also check out our previous episodes on unemployment compensation , and wage and hour . Now, back to business... Read More

Are My Company’s Workers In New York Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?
Posted on 27 Apr 2011 by David S. Rich

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... 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

An Über-Huge Lawsuit For The Employee/Contractor Distinction
Posted on 20 Mar 2015 by Jon Hyman

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... Read More

Department of Labor Weighs in on Employee vs. Independent Contractor Classification
Posted on 16 Jul 2015 by Philip Miles

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... Read More

6 Tell-Tale Signs, According to the DOL, That Your Workplace Is a Hot Wage-and-Hour Mess
Posted on 16 Jul 2015 by Eric Meyer

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. They... Read More

Who Is an Employee? DOL Has Answers in Guidance on Independent-Contractor Status
Posted on 16 Jul 2015 by Jon Hyman

I’ve written a lot in the past year about the distinction between employees and independent contractors under federal wage-and-hour laws ( here , here , here , and here ). To me, here is what it all boils down to (cribbed from my post, The “duck”... Read More

Department of Labor Aims to Crack Down on Employer Misclassification of Employees
Posted on 16 Jul 2015 by Barran Liebman LLP

by Anthony Kuchulis The U.S. Department of Labor (“DOL”) recently issued Administrator’s Interpretation No. 2015-1 (the “Guidance”) asserting that employers are increasingly misclassifying their workers as “independent... Read More

Third Circuit Employment Law 101: Independent Contractor or Employee?
Posted on 23 Jul 2015 by Eric Meyer

Back when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit... Read More