Topic
worker classification
979 published works
Employer Law Report
Ohio H.B. 523 Would Unify Definition of Employee, Make it Easier to Find Misclassification
By Brian Hall
On Tuesday, May 25, 2010, Representatives Phillips and Driehaus introduced in the Ohio General Assembly a bill that effectively would create a single definition of "employee" for purposes of Ohio…
Hunton Employment & Labor Perspectives
Conducting Internal Audits To Ensure Employees Are Properly Classified
The proposed 2011 fiscal year federal budget signifies a renewed commitment to combating employee misclassification, as it contemplates funding an additional 4,700 investigations into worker misclassification issues. With penalties for…
Wage & Hour Law Update
Court Allows Counterclaim To Set Off Fees Paid To Independent Contractors Alleging Misclassification
When an independent contractor alleges s/he was misclassified and seeks alleged unpaid minimum wage and overtime, a significant issue is whether a prevailing plaintiff can receive a windfall. Simply put,…
Wage & Hour Law Update
USDOL Officials Discuss Misclassification and Other Initiatives To Encourage Employer Compliance with FLSA
During the week of April 26, senior Labor Department officials discussed upcoming rules and initiatives. In a web chat, Nancy Leppink, deputy administrator of the Wage and Hour Division, stated that the…
California Employment Law Update
Trial Court Properly Denied Class Certification To Restaurant Managers
By Tony Oncidi
Arenas v. El Torito Restaurants, Inc., 183 Cal. App. 4th 723 (2010) The plaintiffs in this case are salaried managers at El Torito, El Torito Grill and Guadala Harry’s restaurants…
Employer Law Report
New Bill Targets Worker Misclassification
The Employee Misclassification Prevention Act, (S. 3254) introduced Thursday by Senator Sherrod Brown of Ohio, would amend the Fair Labor Standards Act to require companies to keep records of non-employees…
Real Lawyers Have Blogs
Best in Law Blogs : LexBlog Network : April 23, 2010
Whooo, it's Friday. Unfortunately, this Friday isn't as nice as past Seattle Fridays as far as weather goes but still not so bad. Today's total for posts on the LexBlog…
Wage & Hour Law Update
California Appellate Court Upholds Trial Court Ruling Denying Class Certification of Misclassification Claim
In an action for unpaid overtime arising out of the alleged misclassification of restaurant managers as exempt, a California Court of Appeal recently held that the trial court properly ruled…
Wage & Hour Law Update
New York District Court Holds Decision to Reclassify Is Not Evidence Employee was Misclassified
There are many reasons an employer may decide to reclassify an employee from exempt to non-exempt: changes in the law; modified court or DOL interpretations of existing law; as a…
Connecticut Employment Law Blog
Webinar: Why FLSA Exemptions & Classifications Are Under Attack & How to Respond
Our webinar on employee misclassification and FLSA exemptions is set for noon today. There's still time to register for this free webinar here (we hope to post the webinar audio later…