Classification issues are annoying ones, to state the obvious. Especially decisions and issues as to who is and who is not an independent contractor. And, it does not matter whether
Continue Reading Harvard University Gets Lesson in “Higher Education” in Independent Contractor Case
Independent Contractor
Independent Contractor Status and the ABC Test
I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce…
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Need for Individual Scrutiny Kills FLSA Collective Action – That’s the Cure for This Disease
I have blogged on this topic many times but I never tire of it. What is the way to defeat a class action? The magic bullet? The answer? Too…
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Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump?
The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to…
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Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?
The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These documents…
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Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor…
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In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated. Well, in a very recent one, the plaintiffs’ counsel is strongly…
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Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
This is an interesting case and a (possible) double victory for the employer. A rarity. An employer-defendant, Dynamex, Inc. has filed a motion to eliminate more than 30 opt-ins from…
Continue Reading Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
Parties In FLSA Collective Action Stay Discovery and Will Mediate—The Smart Thing To Do (For Both Sides)
One thing about FLSA collective actions—right or wrong, win or lose, the legal fees for both sides mount up quickly and almost relentlessly. I often counsel clients to try to…
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Golf Course Class Action Held In Abeyance Pending Settlement Talks—The Right Thing To Do
I blogged about this case a few weeks ago and opined that the employer would have an uphill fight. Maybe they heard me. The case has now been put in…
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