Labor and Employment Law

Recent Posts

Class Certification Properly Denied to Sephora Workers Suing for Misclassification
Posted on 27 Feb 2015 by Robin Largent

On Feb. 26, a California Court of Appeal issued its published decision in Mies v. Sephora , holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative... 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

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