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I read an interesting blog post by Emily Bushaw and Shannon McDermott in the Perkins Coie blog about a law in Washington State and independent contractor musicians. The Washington Employment Security Department (ESD) has been auditing, resorts, hotels, and nightclub, looking at performing artists. The agency has been taking the…
Continue Reading Can A Rocker Be An Independent Contractor? Does He Need A Written Contract?The US Department of Labor (DOL) may seek again, in 2023, to raise the salary…
Continue Reading The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch OutI see yet another class action lawsuit involving preliminary and postliminary activities, such as, in…
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The SameThe issue of working time, especially the issue of preliminary and postliminary activities and what…
Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?The Latest
My colleague, Colin Dougherty, recently wrote about the U.S. Department of Labor’s proposed rule that would change whether a worker is determined to be an employee or an independent contractor…
Continue Reading USDOL Set To Realign Independent Contractor Test: Old Wine In A New BottleWhen people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the…
Continue Reading The Concept of “Manual Workers:” A Vagary Of New York LawHow Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!
Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join…
Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware…
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer SaysUber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down from an original sum much greater. Pretty good considering that misclassification is a heavy focus…
Continue Reading Can $100,000,000 Be A Good Deal– Ask Uber!Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide
I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In…
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will DecideFifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)
I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of…
Continue Reading Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A…
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling TrendA Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action
When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a…
Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action