Dynamex ruling creates seismic shift in California labor law
May 16th, 2018
On April 30th, there was a tectonic shift in California that didn’t involve a major fault line. The California Supreme Court’s heavily-anticipated Dynamex decision resulted in what may become a new legal standard that will be applied, not just to this case, but broadly across the state. Specifically, the court departed from applying the previous […]
May 10th, 2018
The California Supreme Court published their long-awaited Dynamex decision on April 30, 2018. The court had been asked to determine which standards apply when evaluating whether workers are employees or independent contractors under California’s Wage Orders. Wage Orders in California dictate the wage, hour, and working condition requirements for specific industries, including the manufacturing industry, […]
August 14th, 2017
Working in the world of independent contractor compliance, I often hear the phrase “Doesn’t that make him an independent contractor by default?” From MSP program managers to procurement directors and beyond, the desire for a “default” independent contractor status is pervasive.
June 12th, 2017
The US Department of Labor issued a news release on June 7, 2017 announcing that it is withdrawing two recent administrative interpretations relating to misclassification of independent contractors and joint employment. These guidelines were widely interpreted as expanding the definition of an employee, thereby increasing the possibility of misclassification cases, and also expanding the concept of joint employment under the Fair Labor Standards Act.
May 24th, 2017
The California Supreme Court has agreed to review a controversial Court of Appeal decision which, if affirmed, could dramatically expand the definition of an employee in California. The Supreme Court’s opinion is expected to be significant for companies that want to engage independent contractors in California.
May 9th, 2017
Last week FedEx announced that it had reached a $227 million joint settlement of independent contractor misclassification class action lawsuits across 19 states.
March 28th, 2017
Our legal team is constantly monitoring the legal landscape for new legislation and court rulings which impact the contingent workforce, including a recent case in Connecticut concerning independent contractor classification.
January 18th, 2017
New York City’s Freelance Isn’t Free Act leaves a lot open to interpretation, however, its goals are to establish and enhance protections for freelancers by creating and protecting their right to a written contract, timely payment, and freedom from retaliation should they choose to enforce their protections under the Act.
US Department of Labor Launches Educational Webpage Focused on Independent Contractor Misclassification
December 28th, 2016
As yet another sign of its commitment to combatting independent contractor misclassification, the US Department of Labor recently launched a new educational webpage on the topic.
October 6th, 2016
The U.S. Department of Labor’s Wage and Hour Division continues its aggressive push on worker misclassification enforcement. Recently the DOL and the Oklahoma Employment Security Commission signed a three-year Memorandum of Understanding…
September 7th, 2016
Last week the US Department of Labor’s (DOL) Wage and Hour Division and the North Carolina Industrial Commission signed a three-year memorandum of understanding to work together to reduce the misclassification of workers as independent contractors or other nonemployee statuses.
There's Much More
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