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Are My Company’s Workers In New York Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?

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 federal minimum wage of $7.25 per hour for all hours...

Are My Business’s Workers In New Jersey Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?

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 federal minimum wage of $7.25 per hour for all hours...

An Über-Huge Lawsuit For The Employee/Contractor Distinction

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 is available to lexis.com subscribers ] and...

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”...

The Unintended and Unfortunate Consequence of Wage-and-Hour Reforms

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 to raise a big enough round of funding. The company...

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...