News & Analysis as of

Independent Contractors Family and Medical Leave Act (FMLA)

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Polsinelli

2024 Mid-year Employment Law Updates

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Many state and local government employment laws go into effect this summer. Here is a non-exhaustive list of mid-year employment law updates. ...more

Smith Gambrell Russell

‘Tis the Season: Annual Party Pooper’s Guide to the Holidays

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‘Tis the season for celebration. For employers, that may mean hosting an annual holiday party, catering an office luncheon, or distributing end-of-year gifts and bonuses. However, with the holiday season comes potential...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

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The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Spilman Thomas & Battle, PLLC

Doing a Deal? Include your Labor and Employment Lawyer

While engaging a talented corporate transactional lawyer is critically important to the success of a merger, sale or acquisition, a lesser-known -- but integral -- part of the transaction team should be a skilled labor and...more

Ward and Smith, P.A.

How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More

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Between COVID-19, last year’s demonstrations for racial justice, and a new president, there are many legal issues employers may need to consider — or reconsider. A quartet of Ward and Smith attorneys highlighted some...more

Constangy, Brooks, Smith & Prophete, LLP

Employer, Audit Thyself!

Before the coming crackdown. We expect federal agencies under the Biden Administration to move in a not-so-employer-friendly direction as soon as they have a chance to get settled in. While they're still settling in, this...more

Payne & Fears

Key California Employment Law Cases: January 2021

Payne & Fears on

International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Holland & Knight LLP

New California Labor and Employment Laws for 2021

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This Holland & Knight alert highlights selected and significant new California labor and employment laws, regulations governing COVID-19 issues at the workplace by the California Division of Occupational Safety and Health...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

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In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

In Case You Missed…California Legislative Changes Coming In 2021

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2020 has been a year of constant changes for California employers. Here are some big developments that employers cannot afford to miss in 2021. Expansion of the California Family Rights Act- One of the biggest...more

Husch Blackwell LLP

FAQs For Colorado Paid Family Leave Law (FAMLI)

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On November 3, 2020, Colorado voters approved Proposition 118, the culmination of a long-running effort to mandate paid family and medical leave for all Colorado employees. This law continues the recent uptick of major...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Miles & Stockbridge P.C.

DOL Publishes Proposed Rule Clarifying the Test to Determine Independent Contractor Status

On September 22, 2018 the Department of Labor ("DOL") issued proposed regulations explaining how to determine whether a worker should be classified as an employee covered under the Fair Labor Standards Act ("FLSA") or an...more

Sherman & Howard L.L.C.

California Update: New COVID-19 Laws

In addition to recent revisions to its legal tests for characterizing works as employees or as independent contractors (blog post available here), California has passed numerous other laws to respond to the COVID-19 pandemic....more

Fisher Phillips

No Rest For The Weary – California Employers Face Wave Of Pending Legislation Awaiting Action From Governor Newsom

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The California legislature just closed the books on one of the most interesting sessions in the State’s history. Not only did it itself shut down completely on two different occasions due to the COVID-19 pandemic, the last...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: May 2020

Fisher Phillips on

While you have been primarily focused on COVID-19-related matters for the past few months, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: March/April 2020

Fisher Phillips on

While you have been primarily focused on COVID-19-related matters since mid-March, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there are...more

Jackson Lewis P.C.

San Francisco And San Jose Seek To Implement Supplemental Paid Sick Leave Requirements For Larger Employers

Jackson Lewis P.C. on

Two California cities, San Francisco and San Jose adopted emergency ordinances to expand paid sick leave and emergency Family Medical Leave Act (FMLA) leave benefits. The ordinances cover gaps under federal law by expanding...more

Robins Kaplan LLP

Financial Daily Dose 3.19.2020 | Top Story: Second COVID-19 Relief Package Now Law But Market Chaos Remains

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Late action by the Senate to pass a second COVID-19 relief package (that the White House soon signed) may [key word may] help markets yo-yo back upward today after a dismal Wednesday driven by crazy-low oil prices (West Texas...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

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