Topic
worker classification
979 published works
Wage & Hour Law Update
Trump DOL Signals a Back-off from Defending Independent Contractor Rule
By Justin R. Barnes, Jeffrey W. Brecher
The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The…
Milikowsky Tax Law Blog
How to Navigate an EDD Audit: A Client’s Journey with Milikowsky Tax Law
Create the Lab, an event and film production studio in Hawthorne, California, was audited by the California Employment Development Department (EDD), founder Mykel feared a significant financial blow. But with…
Milikowsky Tax Law Blog
1099 Misclassification Audit Testimonial: How Milikowsky Tax Law set Realistic Expectations
Facing an audit from the California Employment Development Department (EDD) can be daunting for any business owner, especially when it involves potential 1099 worker misclassifications. The process is complex, the…
Employment Law Watch
U.S. Supreme Court resolves circuit split on burden of proof dispute for FLSA exemptions
By Betty S.W. Graumlich, John T. McDonald, Dylan Lembo
On January 15, 2025, the U.S. Supreme Court overturned the Fourth Circuit’s decision in E.M.D. Sale, Inc. v. Carrera, and ruled that the “preponderance of evidence” standard, and not the…
HR Defense
Worker Classification in the Gig Economy: Legal Wins and Strategic Considerations for Employers
The gig economy continues to prosper, fueled by some recent legal wins, which have been delivered at a crucial juncture for businesses reliant on the flexibility and cost efficiencies that…
GT L&E Blog
Fore! Claiming Employee Status, New York Golf Club Caddies File Class/Collective Actions
2024 has seen increased class and collective actions brought by New York golf club caddies under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).…
Who Is My Employee?
A Car Crash? Trump’s Labor Secretary Pick Supports ABC Test for Worker Classification
Sometimes things don’t make sense when you read them. Like this: Here’s an adorable video of a dog getting hit by a car. You need to dig deeper to make…
Who Is My Employee?
Bad Moon Rising: Another State Cracks Down on Misclassification with $2.7M Due
I see the bad moon a-risingI see trouble on the wayI see earthquakes and lightningI see bad times today When John Fogerty wrote “Bad Moon Rising,” he was reportedly inspired…
HR Law Talk
Insight for Law360 on Rideshare Wage Actions
I was quoted in an article on Law360 Employment Authority examining state attorneys general lawsuits against rideshare companies Uber and Lyft regarding worker classifications. The story follows the one-year anniversary…
Inside the False Claims Act
False Claims Act Application in Nevada Worker Classification Fight Against Lyft
I provided insight for a Bloomberg Law article on the False Claims Act allegations brought against Lyft in a worker classification suit. A recent Nevada lawsuit claims Lyft misclassified drivers…