Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use
Continue Reading FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!
Several months ago, the US Department of Labor (DOL) proposed a rule in a Notice of Proposed Rulemaking (“Notice”) to define when someone is/is not an independent contractor. The focus
Continue Reading USDOL Proposed New Independent Contractor Doctrine Focuses On Control: An Interesting Take?
The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a
Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model
I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to
Continue Reading Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification
The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey
Continue Reading New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations
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
Continue Reading Can A Rocker Be An Independent Contractor? Does He Need A Written Contract?
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 Bottle
Uber 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!
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
Most judicial decisions on the issue of independent contractor status go against the putative employer, with a finding that the people are statutory employees. A Massachusetts court has just reversed
Continue Reading A Court Rules Workers Are Independent Contractors! Will Wonders Never Cease?