Topic
Employee Classification
240 published works
Wage & Hour Law Update
Pennsylvania Federal Court Finds Classification of Couriers as Employees or Independent Contractor To Be Question of Fact
In a short order following oral argument, Judge Juan R. Sanchez of the Eastern District of Pennsylvania denied an FLSA defendant’s motion for summary judgment seeking a ruling that it properly…
Employment Class Action Blog
The Southern District of New York Rules That Internships Must Be Educational (Unlike the Vince Vaughn and Owen Wilson Film of the Same Name)
It has been said that the vast majority of movies coming out of Hollywood these days are “brainless.” Despite that (often accurate) description, there are always a handful of films that…
Employment Law Watch
You Say Unpaid Intern, I Say Employee, Says New York Court
Mark Goldstein contributed to the content of this post. Just weeks after one New York federal judge gave employers a small glimmer of hope by ruling that a group of…
Dollars & Sense
Top Ten Tax Mistakes for Restaurant Owners
By Admin
If you are thinking about getting into the restaurant business there are a multitude of issues that you need to consider. One of the most important is taxes. By this…
California Employment Law Update
Reporters’ Class Action For Unpaid Overtime Should Not Have Been Certified
By Tony Oncidi
Wang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair…
Louisiana Law Blog
What’s in a Name? Classifying Someone as an “Employee” or an “Independent Contractor” Can Have Significant Effects
“What is in a name? That which we call a rose. By any other name would smell as sweet . . .” -William Shakespeare, Romeo and Juliet Roses aside, classifying…
The Appellate Strategist
Are The Illinois Labor Department’s Administrative Fines Unconstitutional?
By Kirk Jenkins
Yesterday, the Illinois Supreme Court granted leave to appeal in four new civil cases. We begin our previews of these newest additions to the court’s docket with Bartlow v. Costigan [pdf],…
Illinois Workers Compensation Law Blog
Am I covered if I only work part time?
By Mike Helfand
The answer is yes. If you work for your employer part-time, and you are injured at work while doing your job, then you should be eligible for workers’ compensation benefits.…
California Employment Law Update
Insurance Claims Adjusters Are Not Exempt Administrative Employees
By Tony Oncidi
Harris v. Superior Court, 207 Cal. App. 4th 1225 (2012) Plaintiffs in this case are insurance claims adjusters who claim they were misclassified as exempt from overtime under the administrative…
Wisconsin Business Law Blog
Worried About How You’ve Classified Workers as Independent Contractors or Employees?
It seems less costly to classify as many as "independent contractors," rather than "employees," (but) the IRS can generally make a wrong decision in this area very costly to the…