In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of workers as independent contractors has been the subject of a number of private lawsuits and investigations by government agencies. This is true for traditional industries and … Continue Reading
The U.S. Department of Labor (DOL) published a proposed rule in the Federal Register on September 25, 2020 to clarify whether a worker is or isn’t an independent contractor for purposes of the Fair Labor Standards Act (FLSA). The proposed rule adds a new Part 795 to Title 29 of the Code of Federal Regulations, … Continue Reading
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019. (Instructions for registering for the virtual hearing are available at this link). A … Continue Reading
Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors. Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees. Contractors also are now eligible for reasonable … Continue Reading
In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of the service providers. The opinion should be a welcome one not only for VMCs and businesses in the “gig economy,” … Continue Reading
In yet another legal development calling into question a traditional independent contractor relationship in the U.S., the Court of Appeals for the Sixth Circuit determined that off-duty police officers were employees of a private security company for purposes of the Fair Labor Standards Act. In Acosta v. Off Duty Police Services, Inc. (6th Cir. Feb. … Continue Reading
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what’s new on the #MeToo front. Listen to the podcast. … Continue Reading
In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor Relations Act. The opinion resolves a split among federal circuits, and reiterates—once again—the strong federal policy favoring arbitration. While … Continue Reading
As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an employee for purposes of California’s Industrial Welfare Commission (IWC) Wage Orders. The Wage Orders set forth California’s requirements for minimum wage, … Continue Reading
As we previously reported, in November 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers, including the right to receive a written contract for work valued at $800 or more, the right to be paid timely and in full, and the right to be free from … Continue Reading
Employers across the U.S. were troubled by the sub-regulatory guidance issued by the DOL in 2015 and 2016 on independent contractors and joint employment. Today, the DOL announced the withdrawal of that guidance (Administrator’s Interpretations No. 2015-01 (July 15, 2015, on independent contractors) and No. 2016-01 (Jan. 20, 2016, on joint employment)). As you may … Continue Reading
On March 21, 2017, the Connecticut Supreme Court issued an important ruling, finding that an individual may be still considered an independent contractor under the state’s Unemployment Insurance Act even if he/she only provides services to one business or entity. In so doing, the Connecticut Supreme Court reversed a decision by the Unemployment Insurance Board finding … Continue Reading
One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to challenge employers in the “gig economy”—as well as in more traditional businesses—that rely heavily on contractors, freelancers, and other third-party service providers. … Continue Reading
Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate Division and concluding that the employer yoga studio did not exercise sufficient control over certain of its instructors to create … Continue Reading
On November 16, 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The law, amending Title 10 of the N.Y.C. Administrative Code, establishes and enhances protections for freelance workers, including the right to receive a written contract, the right to be … Continue Reading
On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor misclassification. Oklahoma represents just the latest in a flurry of new participants in the U.S. DOL’s Misclassification Initiative, which was launched in 2010 … Continue Reading
Just last month we reported that Pennsylvania had entered into a memorandum of understanding (“MOU”) with the U.S. Department of Labor (“U.S. DOL”), agreeing to share information and conduct joint investigations regarding independent contractor misclassification. Now two more states have joined the U.S. DOL in this effort. In the past week, North Carolina and Nebraska … Continue Reading
Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage them greater certainty with respect to their employment status. Under the new law, independent contractors may sign a Declaration of Independent … Continue Reading
The U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification. The agreement is part of the U.S. DOL’s Misclassification Initiative, the stated goal of which is to “combat employee misclassification and to ensure … Continue Reading
On December 18, 2015, North Carolina Gov. Pat McCrory signed an executive order establishing an “Employee Classification Section” within the state’s Industrial Commission. The Order, which took effect immediately, tasked this new Section with overseeing employee misclassification enforcement by receiving reports of employee misclassification and referring those reports to appropriate state agencies for further action. … Continue Reading
Gov. Andrew Cuomo signed several bills into law on Saturday, November 21, 2015. However, one piece of legislation that did not make it past his desk was a measure that would have created a special test under which newspaper carriers could more easily be classified as independent contractors as opposed to employees for purposes of … Continue Reading
Yesterday the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification. The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification. Just … Continue Reading
The U.S. Department of Labor (“U.S. DOL”) and the Alaska Department of Labor and Workforce Development recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification. The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification. Just last … Continue Reading
As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.” The AI provides … Continue Reading
The U.S. Department of Labor (DOL) published a proposed rule in the Federal Register on September 25, 2020 to clarify whether a worker is or isn’t an independent contractor for purposes of the Fair Labor Standards Act (FLSA). The proposed rule adds a new Part 795 to Title 29 of the Code of Federal Regulations, … Continue Reading
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019. (Instructions for registering for the virtual hearing are available at this link). A … Continue Reading
Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors. Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees. Contractors also are now eligible for reasonable … Continue Reading
As we previously reported, in November 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers, including the right to receive a written contract for work valued at $800 or more, the right to be paid timely and in full, and the right to be free from … Continue Reading
Yesterday the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification. The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification. Just … Continue Reading
