My colleagues, Colin Dougherty and Lindsey Cook, wrote about the coming of a new USDOL independent contractor rule that would likely further hamper an employer’s ability to use individuals (e.g.Continue Reading USDOL Issues Final Independent Contractor Rule: The Box Closes In (A Little More)
The New Jersey Department of Labor and the Attorney General have really declared war against the supposed scourge of misclassification of workers as independent contractors. The agency is making this…Continue Reading NJ Attorney General Reveals New Weapon In State’s Fight Against Misclassification
The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was…Continue Reading A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration
There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or…Continue Reading Another State Enacts Legislation To Protect Independent Contractors: A Quickening Trend
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?