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worker classification

979 published works

  1. Texas Employment Law Update

    Fifth Circuit Confirms Use of Fluctuating Workweek Method of Overtime Calculation in Misclassification Case

    By Russell Cawyer

    In settlement negotiations and trial of FLSA overtime misclassification cases, there is usually a disagreement between the parties as to how the unpaid overtime should be calculated. Attorneys representing employees typically…

  2. HR Defense

    The Continuing Saga of Unpaid Workers & Misclassification Issues

    By Jennifer T. Williams

    Worker misclassification continues to be an issue at the forefront of today's workplace.  Along with the use of unpaid interns, we are now seeing litigation brought on behalf of unpaid…

  3. Illinois Workers Compensation Law Blog

    Illinois business owner caught misclassifying workers as independent contractors

    By Mike Helfand

    The owner of a Skokie-based maid service was ordered to pay approximately $500,000 after it was discovered that she was classifying her employees as “independent contractors” in order to avoid…

  4. California Peculiarities Employment Law Blog

    Employee or Independent Contractor? The Risks of Making A Wrong Decision Grow

    By Mark P. Grajski

    Say most of your company’s workers are employees, but for certain types of work you bring in independent contractors.  You have been doing this for years, and everybody in your…

  5. California Employment Law Report

    Court upholds company’s classification of worker as an independent contractor in Beaumont-Jacques v. Farmers Group

    By Anthony Zaller

    The new decision in Beaumont-Jacques v. Farmers Group examines the test in determining a worker’s independent contractor status. In applying the “economic realities” test set forth by the California Supreme…

  6. Employment Law Landscape

    Amendments to Illinois Employee Misclassification Act to Affect Construction and Landscaping Companies

    By Henry W. Sledz, Jr.

    Employers in construction and landscaping industries should be aware that on July 23, 2013, Illinois Gov. Pat Quinn signed two bills that add significant teeth to enforcement under the Illinois…

  7. Independent Contractor Misclassification & Compliance

    Illinois Governor Signs Two New Independent Contractor Laws to Deter Misclassification

    By Richard Reibstein Esq. of Littler Mendelson P.C.

    Governor Pat Quinn (Dem.) of Illinois signed two new laws today, July 23, 2013, intended to curtail misclassification of employees as independent contractors (ICs). Both laws amend the state's Employee Classification…

  8. California Employment Law

    State Determines Workers Are Independent Contractors, then Penalizes Employer for Not Treating Them as Employees

    By Jeffrey D. Polsky

    Many employers in California feel like the deck is stacked against them. But as I’ve written before, some have a stronger basis for that conclusion than others. Consider the plight…

  9. Wage & Hour Law Update

    Reversing District Court, Eleventh Circuit Orders Trial of Cable Installers’ Claims of Misclassification Under FLSA

    By Noel P. Tripp

    In a lengthy analysis of the “economic realities” test as applied to cable installers, the Court of Appeals for the Eleventh Circuit reversed Judge Elizabeth A. Kovachevich of the Middle…

  10. Wage & Hour Law Update

    Pennsylvania Federal Court Finds Classification of Couriers as Employees or Independent Contractor To Be Question of Fact

    By Noel P. Tripp

    In a short order following oral argument, Judge Juan R. Sanchez of the Eastern District of Pennsylvania denied an FLSA defendant’s motion for summary judgment seeking a ruling that it properly…