Topic
Employee Classification
240 published works
Employment Law Worldview
Reasons to Cheer – California Governor Signs Bill Requiring Professional Sports Franchises to Classify Cheerleaders as Employees
If you enjoy employment law AND sports, you may be enjoying this summer more than any other; and if you are also an aficionado of employee classification issues then I…
Employment & Labor
The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families Act
By Beth V. West
The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers. Below is a brief summary of two bills recently signed by the…
Wage & Hour - Developments & Highlights
Interns Deemed Non-Employees By Second Circuit
I have been following the protracted saga developing in the Second Circuit concerning whether interns are employees. Recently, this Circuit overturned a lower court decision that granted conditional certification to…
SimplyHR
New labor guidance clarifies FLSA independent contractor analysis, suggesting most workers are employees
The U.S. Department of Labor (DOL) on Wednesday aimed to clarify the test it uses to determine whether workers are classified as employees or independent contractors for purposes of the…
Minnesota Employer
California Labor Commissioner Holds That Uber Drivers Are Employees, Not Independent Contractors
A recent decision by the California Labor Commissioner’s Office has held that drivers for Uber, the popular online ride-hailing service, are employees of the company rather than independent contractors. In…
Labor Law Prof Blog
CA Labor Commission: Uber Driver is Employee under California Labor Code
Yesterday, Uber filed a notice of appeal in Berwick v. Uber Technologies. Barbara Berwick was an Uber driver who complained to the California Labor Commission that Uber had, among other…
Independent Contractor Misclassification & Compliance
2015 Update of the White Paper on “Independent Contractor Misclassification: How Companies Can Minimize the Risks”
By Richard Reibstein Esq. of Littler Mendelson P.C.
Five years ago today, a White Paper was published, entitled “Independent Contractor Misclassification: How Companies Can Minimize the Risks,” which was updated in May 2012. During those five years, the…
Smooth Transitions
Video Interview: Discussing Employee Classification of Uber Drivers with LXBN TV
By Rob Radcliff
Following up on my recent post on the subject, I had the opportunity to discuss whether or not Uber drivers are employees with Colin O'Keefe of LXBN. In the interview,…
Gender and the Law Prof Blog
Cal Bill Would Treat Pro Team Cheerleaders as Employees
By Tracy Thomas
WaPo California Might Soon Require Pro Teams to Treat Cheerleaders as EmployeesA California bill filed last week would require professional sports teams in the state to treat their cheerleaders as employees. “NFL teams…
The Retirement Plan Blog
Employee Classification as Part-Time or Full-Time: Not the Same Under the Affordable Care Act and ERISA
By Jerry Kalish
Some of the most difficult and contentious provisions of the Affordable Care Act ("ACA") are the employer mandate and upcoming reporting requirements effective in 2015. "Difficult" because the employer mandate requires…