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ABC Test Employee Definition

Seyfarth Shaw LLP

Appellate Courts Restore a Measure of Sanity to Independent Contractor Classification Under Massachusetts’ Wage Law

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In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more

Foley & Lardner LLP

California Supreme Court Upholds App-Based Driver Worker Classification Statute

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On July 25, 2024, the California Supreme Court issued an opinion upholding the statewide ballot measure that classifies app-based drivers as independent contractors. Voters passed the law (also known as Proposition 22) in...more

Manatt, Phelps & Phillips, LLP

California’s AB 5 Survives Ninth Circuit Review

California’s Assembly Bill 5 (AB 5) doesn’t violate federal or state Equal Protection clauses, the en banc Ninth U.S. Circuit Court of Appeals has determined. The dispute dates back to 2019, when the state legislature...more

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Goodwin

Employment Status - A View From Both Sides of the Pond

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In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Tucker Arensberg, P.C.

Pennsylvania Targets Worker Misclassification: Steep Costs Await Uninformed Employers

Tucker Arensberg, P.C. on

Pennsylvania is cracking down on misclassification of workers, and the costs to employers could be steep. Pennsylvania is placing an emphasis on employee classification. Recent investigations into misclassification have...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Fenwick & West LLP

Department of Labor Finalizes Rule for Classifying Independent Contractors Under Fair Labor Standards Act

Fenwick & West LLP on

On January 10, 2024, the U.S. Department of Labor released its final rule for determining worker classification under the Fair Labor Standards Act (“FLSA”). The final rule returns to the economic reality test historically...more

Steptoe & Johnson PLLC

Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

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On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance...more

Woods Rogers

Department of Labor’s New Employee Classification Rule

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The Department of Labor (DOL) recently announced a final rule covering when workers may be classified as independent contractors. The new rule, available in full on the Federal Register, is effective March 11, 2024, so...more

Stark & Stark

United States DOL Narrows Independent Contractor Classification

Stark & Stark on

Effective March 11, 2024, the new independent contractor rule from the United States Department of Labor (DOL) takes effect. This rule change restores an earlier standard that required employers to weigh several factors in...more

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

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In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

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The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

DirectEmployers Association

DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule

In this episode, Candee is joined by employment law expert Jay J. Wang to discuss the WHD's recently published Final Rule regarding employee and independent contractor classification, the six factors used to test which...more

Snell & Wilmer

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

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On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on...more

Fisher Phillips

PEO Pointers: New Contractor Rule Means PEOs Need to Do These 4 Things

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Fisher Phillips

Businesses Will Struggle to Classify Workers as Independent Contractors Thanks to New DOL Rule: 5 Takeaways

Fisher Phillips on

Businesses will soon find it harder to classify workers as independent contractors thanks to key changes made by the U.S. Department of Labor (DOL) today. The Biden administration officially rescinded a rule that made it...more

Epstein Becker & Green

A Jeff Foxworthy-Based Test for Independent Contractor Classification

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Remarkably, Mr. Foxworthy’s name comes up frequently when talking about whether workers have been properly classified as independent contractors.  Not because there is anything funny about that issue; there isn’t.  And not...more

Locke Lord LLP

Can Last-Mile and Logistics Companies Compel Arbitration of Independent Contractor ‎Misclassification Cases? July 2023 IC Legal...

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We report on three case developments during July 2023 that raise the question whether last-mile, logistics, and delivery companies alleged to have misclassified drivers as independent contractors can compel arbitration of...more

Locke Lord LLP

Illinois Is the Focus of Last Month’s Independent Contractor Misclassification Cases: June ‎‎2023 IC Legal News Update‎

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We report below on four case developments during June 2023 in the area of independent contractor misclassification: two of which are centered on Illinois. That state has one of the most stringent statutory tests for...more

Venable LLP

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

Butler Snow LLP

Atlanta Opera: The NLRB Faces the Independent Contractor Music Once More

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On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc. (372 NLRB No. 95), that marks a shift in the applicable test for whether a worker qualifies as an independent...more

Bressler, Amery & Ross, P.C.

New Jersey’s “ABC Test” Does Not Apply to Real Estate Salespersons under the WPL

In a recent decision, the New Jersey Appellate Division held in Kennedy v. Weichert Co., No. A-0518-19, __N.J.__ (App. Div. Jan. 30, 2023) (slip. op.), that the “ABC Test” (described here) does not apply when determining...more

Genova Burns LLC

Appellate Division Concludes that ABC Test Does Not Apply in Determining Real Estate Agent Employment Status

Genova Burns LLC on

In a recent decision in Kennedy v. Weichert Co., the New Jersey Appellate Division concluded that the “ABC Test” under the Unemployment Compensation Law is inapplicable in determining a real estate salesperson status an...more

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