Topic
worker classification
979 published works
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…
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…
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…
World of Employment
Fourteen Million Reasons Not to Misclassify Employees as Independent Contractors
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…
Wage & Hour - Developments & Highlights
The Financial Services Industry: An Easy Target for Overtime Class Actions
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…
World of Employment
New Federal Legislation Would Penalize Employers’ Use of “Independent Contractors”
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.…
Wage & Hour - Developments & Highlights
Go-Go Dancers Claim They Are Employees, Not Independent Contractors, Want Overtime
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…
Labor & Employment Law Blog
A Single “At Will” Clause Does Not An Employee Make
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…
Connecticut Employment Law Blog
New Advisory Board and Joint Enforcement Commission To Be Established on Employee Misclassification
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…
Wage & Hour - Developments & Highlights
Don’t Hedge Your Bets: This Billion Dollar Industry Is Subject to Class Actions
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…