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Labor and Employment Law Weekly Update (Week of October 31, 2011)

Lessons on Documenting Reasons for a Termination Written by: Ryan N. Parsons In Weaver v. Netflix, Inc. [ an enhanced version of this opinion is available to lexis.com subscribers ], a federal trial court rejected an Oregon employer's argument that it terminated an employee for performance...

Pennsylvania Ups the Ante on Employee Misclassification

by Martin J. Saunders Proper classification of workers as employees or independent contractors is an issue which frequently confronts employers. Failure to properly classify a worker can result in the employer being liable for the worker's portion of income and payroll taxes which the employer...

Department of Labor Set to Publish Guidance on Independent-Contractor Status

According to Employment Law 360 [subscription required ] , Department of Labor Wage and Hour Division administrator David Weil recently announced that he will shortly publish an “administrator interpretation” to clarify who qualifies as an independent contractor. The distinction between employee...

Department of Labor Aims to Crack Down on Employer Misclassification of Employees

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 contractors” rather than “employees...

6 Tell-Tale Signs, According to the DOL, That Your Workplace Is a Hot Wage-and-Hour Mess

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 called me an independent contractor and gave me...

Department of Labor Weighs in on Employee vs. Independent Contractor Classification

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 so factors each; and the kicker... some courts use...

Who Is an Employee? DOL Has Answers in Guidance on Independent-Contractor Status

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” test for independent contractors...

Third Circuit Employment Law 101: Independent Contractor or Employee?

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 Employment Law 101″ posts. Well, I don’t...

You’ve Been Warned – Those Independent Contractors Are Probably Employees

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 David Weil on when workers are “employees”...

Employee or Independent Contractor? Workers' Compensation Edition

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: While no hard and fast rule exists to determine...