Topic
worker classification
979 published works
WSNYC Blog: The Latest in Employment Law
Wednesday Worklaw Alert: Kohl’s Will Pay $2.9 Million in Overtime Wage Lawsuit
Kohl's Department Stores recently agreed to pay nearly $3 million to settle a lawsuit alleging that the department store chain misclassified assistant store managers as exempt from overtime pay. Last…
California Employment Law Update
White House “Regulatory Freeze” Memo Dooms DOL Independent Contractor Rule
By Allan Bloom
As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they…
Wage & Hour Developments
California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision
By Heather M. Sager, Jill L. Ripke, Matthew Goldberg, Perkins Coie
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes…
Through The Immigration Lens
Trump Administration Midnight H-1B Changes Purport to Impose New Burdens on Staffing Firms, Service Providers, and Their Corporate Customers
Please review our recent update regarding the content of this blog post. In its waning hours, the Trump Administration announced comprehensive, burdensome changes to H-1B visa requirements for multiple firms…
Pennsylvania Labor & Employment Blog
DOL Issues New Regulations to Sharpen FLSA Employee/Independent Contractor Classifications: What Does it Mean and Will it Matter?
By Austin Wolfe
The U.S. Department of Labor (“DOL”) announced the issuance of a Final Rule to clarify the distinction between an employee and an independent contractor under the Fair Labor Standards Act…
California Employment Law Update
The ABCs of Independent Contractor Classification: California Supreme Court Holds Strict Independent Contractor Test Applies Retroactively
By Tony Oncidi, Kate Gold, Michelle Lappen
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903…
Who Is My Employee?
Stop Making Sense: California Companies Can Be Liable for Not Following Rule That Did Not Yet Exist
Sometimes things stop making sense. And I’m not referring to the 1984 Talking Heads album, which included “Psycho Killer,” “Burning Down the House,” and other songs least likely to be…
Employment Law Spotlight
California Supreme Court Applies Dynamex Independent Contractor Test Retroactively
The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively. Therefore, the ABC Test, first…
The Complex Litigator
Is the decision in Dynamex retroactive?
Tomorrow, in VAZQUEZ (GERARDO) et al. v. JAN-PRO FRANCHISING INTERNATIONAL, INC., Supreme Court Case No. S258191 ((9th Cir. No. 17-16096; 939 F.3d 1045; N.D. of Cal. No. 3:16-cv-05961-WHA), the California…
GT L&E Blog
Department of Labor Issues Final Rule for Identifying Independent Contractors in an Employer’s Workforce
Following up on its proposed rule issued in September 2020, on Jan. 6, 2021, the Department of Labor (DOL) issued its final rule on worker classification. The final rule, effective…