Topic
Employee Classification
240 published works
Wage & Hour - Developments & Highlights
<strong>Exemption Determinations Rely On Actual Duties Performed—What Is The Primary Duty</strong>
In exemption cases (or lawsuits), a title means nothing. You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed…
Minnesota Wage & Hour
DOL Comment Period Closed for Proposed New Rule Regarding Employee v Independent Contractor Classification
On October 13, 2022, the U.S. Department of Labor published a Notice of Proposed Rulemaking regarding how to determine whether an individual is an employee or independent contractor. After an…
Hall Benefits Law Blog
DOL Proposes New Worker Classification Regulations Under FLSA
By Anne Hall
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking in the Federal Register concerning the classification of employees and…
New York City Law Blog
Millions of workers may be reclassified under proposed changes to DOL framework
In the coming months, many employers and workers could see shifts in employee classification. Recently, the Department of Labor (DOL) proposed a new framework to determine whether someone is an…
Health Care Law Matters
DOL Proposed Rule Moves Revised Employee/Independent Contractor Classification Framework Forward
On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published…
Wage & Hour Litigation Blog
Meet the New Interpretation, (Pretty Much the) Same as the Old Interpretation: the DOL Proposes Its Own Independent Contractor Definition for the FLSA
By: Noah Finkel, Camille Olson, Scott Mallery, Andrew McKinley and Kevin Young Seyfarth Synopsis: Today the U.S. Department of Labor issued its draft new interpretive regulation (or NPRM) attempting to define employee versus independent contractor status under the…
FB Employment Discrimination Blog
Independent Contractor or Employee? A New Test Might Be Right Around the Corner
Independent contractor or employee? That has long been the question under various federal and state laws. Courtesy of my employment partner Gordon Berger, I’m here to tell you that the…
Hermann Law Our Blog
Drywall Installers are Employees in New Jersey
Drywall Installers are “Employees” Entitled to Overtime and Other Benefits The New Jersey Supreme Court held that a group of drywall installers are New Jersey employees entitled to overtime and…
Milikowsky Tax Law Blog
Assembly Bill 5 (AB-5): Your Ultimate Guide
California Assembly Bill 5 (AB-5) took effect on January 1, 2020, and is the new standard by which employers must classify employees. Small business owners (SBOs) should familiarize themselves with…
Health Care Law Matters
Residential Healthcare Owners and Operators Beware: Department of Labor is Tackling Misclassification of Employees, Again
Eleventh-Hour Trump Administration FLSA Classification Rule Revived Just when residential healthcare employers thought it was safe to get back into the classification waters, a late-stage Trump administration rule, “Independent Contractor…