Topic
worker classification
979 published works
Texas Employment Law Update
Fifth Circuit Confirms Use of Fluctuating Workweek Method of Overtime Calculation in Misclassification Case
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…
HR Defense
The Continuing Saga of Unpaid Workers & Misclassification Issues
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…
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…
California Peculiarities Employment Law Blog
Employee or Independent Contractor? The Risks of Making A Wrong Decision Grow
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…
California Employment Law Report
Court upholds company’s classification of worker as an independent contractor in Beaumont-Jacques v. Farmers Group
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…
Employment Law Landscape
Amendments to Illinois Employee Misclassification Act to Affect Construction and Landscaping Companies
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…
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…
California Employment Law
State Determines Workers Are Independent Contractors, then Penalizes Employer for Not Treating Them as Employees
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…
Wage & Hour Law Update
Reversing District Court, Eleventh Circuit Orders Trial of Cable Installers’ Claims of Misclassification Under FLSA
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…
Wage & Hour Law Update
Pennsylvania Federal Court Finds Classification of Couriers as Employees or Independent Contractor To Be Question of Fact
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…