Topic
worker classification
979 published works
Hermann Law Our Blog
Have You Been Misclassified as “Exempt” from Overtime? You May be Entitled to Backpay.
Overtime Pay is Generally Required Under federal labor laws, most employees are entitled to be paid the federal minimum wage (which is currently $7.25 an hour). Furthermore, most employees are…
The Employer Law Resource
Taylor White in Texas Lawyer: Misclassification Whiplash: US Department of Labor Withdraws Independent Contractor Rule
By Taylor White
Winstead PC Shareholder Taylor White published his column in Texas Lawyer about labor and employment issues and trending topics. The article is titled “Misclassification Whiplash: US Department of Labor Withdraws Independent Contractor…
Employment Law Landscape
What’s Old is New (For Now): DOL Rescinds Trump-Era Worker Classification Rulemaking, Eyes Adoption of ABC Standard
By Trevor M. Jorgensen, Derek Barella
On May 5, the U.S. Department of Labor (DOL) withdrew a Trump-era final rule that would have made it easier for employers to designate workers as independent contractors rather than…
New York City Law Blog
New administration reapplies protections for gig workers
Employer misclassification of workers as independent contractors – rather than as employees – is a common phenomenon in the U.S. Contractors cost employers far less than employees, as under federal…
HR Law Watch
Biden Administration Rescinds Employer-Friendly Independent Contractor Test
By Emily J. Daher, Shannon D. Farmer
On May 6, 2021, the Department of Labor (“DOL”) issued a final rule, effective immediately, withdrawing a pro-business independent contractor rule that would have made it easier for businesses to…
Employment Law Spotlight
Breaking News? DOL Rescinds Independent Contractor Rule That Never Took Effect
Remember when TV news was on at 6 p.m. and 11 p.m. and that was it? Every once in a while, there would be a Breaking News! alert, and it…
Employment Law Spotlight
Schrödinger’s Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling
Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of quantum…
Constitutional Law Prof Blog
Ninth Circuit Upholds California’s Worker-Contractor Classification Law Against Federal Preemption
Steven D. Schwinn, University of Illinois Chicago School of LawThe Ninth Circuit ruled that the Federal Aviation Administration Authorization Act did not preempt California's law that classifies workers as either…
Who Is My Employee?
A Million Dollar Bill? Be Careful Before Relying on the Direct Seller Exemption for Contractor Status
All this cash is available on Amazon for just $13.67!A Tennessee woman was recently busted for trying to use a $1 million bill to buy a cartful of personal items…
WSNYC Blog: The Latest in Employment Law
Chipotle Agrees to Pay $15 Million to Settle a Two Year Long Overtime Pay Lawsuit
In 2017, a class action lawsuit was filed against the popular fast food business, Chipotle, for misclassifying its workers as salaried employees who were exempt from overtime pay. Carmen Alvarez,…