Topic
Employee Classification
240 published works
Wage & Hour Litigation Blog
A long time ago, in an on-demand world far, far away …
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Robert S. Whitman and Adam J. Smiley As this blog revels in the newest installment of the Star Wars saga, we remind you of our previous reports (here and here) regarding…
The Labor Dish
The Case of the Gig-Headed League
By Ben Gipson
Sherlock Holmes is hot at the moment: movies, television shows on both sides of the Atlantic, and way too many deerstalker hats and large pipes over Halloween. Kareem Abdul Jabbar…
Employment Law Business Guide
Dust off Those Job Descriptions!
When is the last time your company did a comprehensive review of its job descriptions? Never mind; it doesn’t matter. It’s time to do it again. The job description is…
Wage & Hour Insights
Supreme Court to Resolve Circuit Split on OT Pay for Car Dealerships?
By FranczekPC
As you have read in our blog over the years, the misclassification of employees as exempt is one of the primary claims in wage and hour litigation. Misclassification claims can…
California Employment Law Update
Truck Drivers Were Misclassified As Independent Contractors
By Tony Oncidi
Garcia v. Seacon Logix, Inc., 190 Cal. Rptr. 3d 400 (Cal. Ct. App. 2015) Romeo Garcia and other plaintiffs were truck drivers who transported cargo for Seacon Logix. After the…
Ohio Appellate Insights
What’s On Their Minds: Are Outside Salespeople Employees Subject to Ohio’s Minimum Wage Laws? John Haight et al. v. Cheap Escape Company et al.
Update: On March 17, 2016, the Supreme Court of Ohio handed down a merit decision in Haight v. Minchak, 2016-Ohio-1053. In a 5-2 opinion authored by Justice Lanzinger, in which…
Wage & Hour Litigation Blog
MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Laura E. Reasons and Noah A. Finkel Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding…
California Employment Law Update
Unpaid Interns Who Are “Primary Beneficiaries” Of The Relationship Are Not Employees Under The FLSA
By Tony Oncidi
Glatt et al. v. Fox Searchlight Pictures, Inc. et al., 2015 WL 4033018 (2d Cir. 2015) Plaintiffs Eric Glatt and Alexander Footman were retained as unpaid interns on the Fox…
Employment Law
United States Department of Labor Issues Memorandum Indicating Agency’s View that Most Workers Are “Employees” Covered by the Fair Labor Standards Act
Confirming what many employment law practitioners already know, on Wednesday July 15, 2015, the United States Department of Labor, Wage and Hour Division (“USDOL” or the “Agency”) confirmed that the…
SC Employers’ Blog
Are You Misclassifying Independent Contractors in Your Work Force?: The Department of Labor Says You Probably Are
New guidance released July 15, 2015, from the Department of Labor (DOL) narrows independent contractor classification so that “most workers are employees under the FLSA.” The DOL’s guidance makes it…