Topic
Employee Classification
240 published works
California Employment Law Update
Insurance Claims Adjusters May Be Exempt Administrative Employees
By Tony Oncidi
Harris v. Superior Court, 53 Cal.4th 170 (2011) Plaintiffs in this case are claims adjusters employed by two insurance companies. They filed four putative class actions, claiming they had been…
Workforce Bulletin
First Circuit Finds Employees Exempt from Overtime Pay
By Epstein Becker Green, Epstein Becker & Green, P.C.
by Peter M. Panken, Michael S. Kun, Douglas Weiner, and Larissa Lalor-Rosado Misclassification of employees as exempt from overtime compensation has become a cottage industry for plaintiff’s lawyers and for…
Employment Law Worldview
A Reflection on California’s New Employment Laws, Part II
As previously reported here, California employers should gear up for additional legal requirements beginning next year including the following regarding compensation and classification of employees: Senate Bill 459: Penalties for…
Minnesota Employer
What is the Difference Between Independent Contractors and Employees?
Whether an individual is an independent contractor or employee can have important consequences with respect to what laws apply, what taxes must be paid, and what benefits, if any, must…
Wage & Hour Law Update
Supreme Court To Decide Classification of Pharmaceutical Representatives
The Supreme Court's web site confirms that the nation's highest court has granted the petition for certiorari filed by the pharmaceutical sales representative (PSR) plaintiffs in Christopher et al. v. SmithKline…
Lancaster Law Blog
IRS Voluntary Worker Classification Settlement Program
I would like to thank Timothy Kershner, CPA for providing his accounting and tax expertise for this blog article. Timothy Kershner, CPA is a partner at the accounting and consulting…
California Employment Law Update
Social Workers May Not Be “Learned Professionals” Who Are Exempt From The FLSA
By Tony Oncidi
Solis v. State of Washington, 656 F.3d 1079 (9th Cir. 2011) The U.S. Secretary of Labor filed a complaint against the State of Washington's Department of Social and Health Services…
Wage and Hour Defense Blog
IRS Announces Voluntary Classification Settlement Program
by Dean L. Silverberg, Jeffrey M. Landes, Susan Gross Sholinsky, and Jennifer A. Goldman On September 21, 2011, the Internal Revenue Service ("IRS") announced a new program that will give…
California Employment Law Update
Unlicensed Law Clerk Was Properly Classified as Exempt Professional
By Tony Oncidi
Zelasko-Barrett v. Brayton-Purcell, LLP, 198 Cal. App. 4th 582 (2011) Following his graduation from law school but before he had passed the California bar examination, Matthew Zelasko-Barrett worked for the…
Equine Law Blog
Employee v. Independent Contractor: Pitfalls of Misclassification (Part 1)
By Alison Rowe
Hey everyone! I hope you like this picture I took today at the "Reiterstadion" in Hannover, Germany. The yellow building (pictured) is a barn within the Hannover city limits that was built at…