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worker classification

979 published works

  1. California Employment Law Update

    Retroactive Overtime for Misclassified Salaried Employees: The DOL Supports the Fluctuating Workweek’s Half-Time Methodology

    By Proskauer Employment Law Group

    The U.S. Department of Labor’s (the “DOL”) Wage and Hour Division recently issued a Wage and Hour Opinion Letter, FLSA 2009-3, addressing how a company can compute overtime payments retroactively…

  2. The Retirement Plan Blog

    Independent contractor or employee? Employee classification still a high priority enforcement matter

    By Jerry Kalish

    Remember that kids' game, Animal, Vegetable, or Mineral? You had to guess into what category the object fell. Well, today in business, there is a similar question. Independent contractor or…

  3. California Employment Law Update

    Independent Contractor’s Wrongful Termination Lawsuit Was Properly Dismissed

    By Tony Oncidi

    Varisco v. Gateway Science & Eng’g, Inc., 166 Cal. App. 4th 1099 (2008) Gateway engaged Al Varisco to provide construction inspection services on two projects it was doing for the…

  4. World of Employment

    Fourteen Million Reasons Not to Misclassify Employees as Independent Contractors

    By Dennis Westlind

    A class of current and former FedEx Ground drivers misclassified as "independent contractors" will receive an additional $9 million in reimbursements for employment-related expenses, an appointed referee ruled October 20.  This award…

  5. Wage & Hour - Developments & Highlights

    The Financial Services Industry: An Easy Target for Overtime Class Actions

    By Fox Rothschild LLP

    A collective/class action lawsuit against Merrill Lynch, which is just getting under way in the US District Court for the Southern District of New York (sitting in Manhattan) has been…

  6. World of Employment

    New Federal Legislation Would Penalize Employers’ Use of “Independent Contractors”

    By Dennis Westlind

    The U.S. Congress is currently considering legislation that would impose significant penalties on employers who improperly classify employees as "independent contractors" to avoid paying for benefits.  The Employee Misclassification Prevention Act (S.…

  7. Wage & Hour - Developments & Highlights

    Go-Go Dancers Claim They Are Employees, Not Independent Contractors, Want Overtime

    By Fox Rothschild LLP

    In a lawsuit entitled Newark v Executive’s Den, filed in federal court in the Northern District of Ohio, dancers at a go-go bar, so-called exotic dancers, are suing their employer…

  8. Labor & Employment Law Blog

    A Single “At Will” Clause Does Not An Employee Make

    By Sheppard Mullin

    On September 15, 2008, a California Court of Appeal decided the case of Varisco v. Gateway Science and Engineering, Inc., holding that - where all other indicators point to a…

  9. Connecticut Employment Law Blog

    New Advisory Board and Joint Enforcement Commission To Be Established on Employee Misclassification

    By Daniel Schwartz

    This week, I've highlighted some new state laws that affect the employment law arena. This next one (Public Act 08-156) creates a new joint commission and new advisory board in Connecticut…

  10. Wage & Hour - Developments & Highlights

    Don’t Hedge Your Bets: This Billion Dollar Industry Is Subject to Class Actions

    By Fox Rothschild LLP

    Another financial services industry class action.  It seems like there is one every week.  The same themes predominate.  In this latest JP Morgan suit, the hedge fund accountants are claiming…