Topic
Employee Classification
240 published works
Workers’ Compensation Law Prof Blog
DOL’s FLSA “Gig” Economy Letter Ignores History and is Dwarfed by 9th Circuit’s Jan-Pro Case
I have been asked a couple of times this week to comment on the apparent narrowing of the FLSA employee standard in a recent Wage and Hour Opinion letter. In…
California Employment Law Report
Understanding the ABC test for independent contractors in California
https://youtu.be/kkPeUDAs4rM This Friday’s Five is a video (see video below) that reviews the ABC test for independent contractors as set forth in the California Supreme Court’s ruling in Dynamex Operations…
California Employment Law Update
Are You an Employee or a Contractor? Carpenters, Strippers and Dog Walkers Now Face that Question (Los Angeles Times Piece)
The Los Angeles Times published a piece addressing the recent and abrupt change in the rules for determining who is and who is not an independent contractor in California. As…
HR Defense
Don’t Sell Your Company Short: Properly Classify Sales Employees
By Akerman Law
While certain sales employees are exempt from minimum wage and overtime requirements under federal and state laws, others are not. Getting it wrong can be a costly mistake, so employers…
Inside Jobs
Dynamex Alters the Employee Classification Landscape in California
By Julie Edmond
Ten months ago the California Supreme Court rendered its unanimous decision in Dynamex Operations West, Inc. v. Superior Court, a case that articulated a new standard for classifying employees and…
Law and the Workplace
Moonlighting Police Officers Are Employees, Not Independent Contractors, Says Sixth Circuit
By Allan Bloom
In yet another legal development calling into question a traditional independent contractor relationship in the U.S., the Court of Appeals for the Sixth Circuit determined that off-duty police officers were…
Carmody @ Work
Developments at the National Labor Relations Board
By Alan H. Bowie, Jr., Vincent Farisello
There are 3 significant developments at the National Labor Relations Board (“NLRB”). NLRB Revises Independent Contractor Test In late January, the Board overturned the Obama-era test for establishing whether an…
Management Memo
NLRB Replaces Its Test for Distinguishing Between Employees and Independent Contractors – Returns to Pre-2014 Common Law Based Test
In a three to one decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or the “Board”) in SuperShuttle DFW, Inc., 367 NLRB No.75 (2019), the Board…
Labor Law Prof Blog
The NLRB’s New Employee-Classification Test
Yesterday, the NLRB issued a decision in the SuperShuttle DFW case, providing yet another analysis to determine whether an individual is an employee or independent contractor under the NLRA. The Board's new approach…
Wage & Hour Litigation Blog
The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA
By: Ariel Fenster Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate. Now, the 10th Circuit has jumped into the…