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?

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

For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate.  For the exemption

Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?