Topic
Employee Classification
240 published works
Vedder Works
Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.
By James P. Looby, Michael D. Considine
On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be…
California Public Agency Labor & Employment Blog
“But Our Agreement Says They Are An Independent Contractor!” – Navigating “Employee” and “Independent Contractor” Determinations Under the Public Employees’ Retirement Law
If your agency is a contracting agency with the California Public Employees’ Retirement System (CalPERS), chances are you have heard about the important distinctions between an “employee” and an “independent…
ContractsProf Blog
Valentine’s Day Question: Are Contestants on Reality Television Shows Employees?
I live a sheltered life. I recently learned from Julia Jacobs’ reporting in The New York Times of a Netflix show called “Love Is Blind.” If you had told me…
Ogletree Deakins Insights
Classification of App-Based Couriers as Employees in Mexico
By Publisher, Natalia Merino Moreno
Quick Hits A new Mexican law states that app-based couriers that meet certain requirements established under this law will be considered employees of digital platforms when they provide their services…
Labor and Employment Law Insights
Supreme Court Clarifies Standard of Proof for FLSA Exemptions
By Jenna Brofsky, Sarah Hamill, Joanna Rivers
On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that…
HR Law Watch
The Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases
By Nalee Xiong, Jay Zweig
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the…
Who Is My Employee?
Hungry Serpents: Contractor Who Admitted Being Self-Employed Loses Suit in Which He Claims to Be an Employee
Snakes may have an eating disorder. Is cannibalism an eating disorder? A wildlife technician for the Georgia Department of Natural Resources was searching for eastern indigo snakes, when he found…
Labor Relations Update
The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees
By Paul Salvatore, Steven Porzio, Elizabeth Dailey, Michael Kratochvil
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request…
HR Law Watch
Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA
On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees…
Nonprofit Law Prof Blog
Third Circuit Holds that Student Athletes Can Be Employees If Their “Play is Also Work”
Nobody knows who was the first to say it, but most people understand that "play is a child's work." Yesterday, the United States Third Circuit Court of Appeals ruled that…