Topic
worker classification
979 published works
Achkar Law Blog
When Is a Worker an Independent Contractor?
In today’s gig-economy, more workers are classified as “independent contractors” than ever. Ride-share apps like Uber and the “convenience industry” are the most well-known industry for using independent contractors to…
Texas Employment Law Update
DOL Increasing Focus on Staffing Agencies and Health Care Practices’ Misclassifying Workers as Independent Contractors
By Russell Cawyer, Lanie Bennett
On November 16, 2022, the Department of Labor announced that it had recovered $1.2 million in back wages from four different home health care agencies on behalf of 599 home…
Who Is My Employee?
Settling Misclassification Lawsuits Is Sometimes the Right Call, But It Might Make You Feel Dirty
Say cheese! The world’s dirtiest man died last month at the (ripe) age of 94, having reportedly going 60 years without bathing. Covered in soot and living in a cinder-block…
Law and the Workplace
DOL’s New Independent Contractor Rule: A Return to 2020
By Allan Bloom
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act. In the courts, the test has always focused on the “economic…
Wage & Hour Law Update
DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor Rule
By Adam L. Lounsbury, Jeffrey W. Brecher, Justin R. Barnes
On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee…
Labor & Employment Law Perspectives
What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker Classification
On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers…
Labor and Employment Law Insights
Department of Labor Proposes New Rule to Distinguish Independent Contractors from Employees
By Erik Eisenmann, Griffin Albaugh, Former Attorney Tracey O'Brien
Key Points On October 13, 2022 the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish “independent contractors”…
Who Is My Employee?
But the Onions! DOL’s Contractor Rule May Cause Companies Heartburn
Have you ever gone to a new restaurant that took over the space where one of your favorite restaurants used to be? You’ve been wanting to try the new restaurant. You get there and…
For Purpose Law Group Blog
Appreciating Volunteers: How Much is Too Much?
By Fplg-admin
At almost every presentation we have given to nonprofit practitioners over the past ten years, the topic of providing gift cards, or other “stipends” to volunteers to convey appreciation arises.…
Wage and Hour Defense Blog
DOL Proposes New Rule Regarding Independent Contractor Status
In light of the federal court ruling reinstating the Trump-era independent contractor regulation (discussed here), on October 13, 2022, the Department of Labor published a Notice of Proposed Rulemaking regarding…