On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more
In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the...more
5/1/2019
/ ABC Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
NPRM ,
Opinion Letter ,
Wage and Hour
The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more
3/26/2019
/ Appeals ,
Collective Actions ,
Consultants ,
De Novo Standard of Review ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Oil & Gas ,
Statute of Limitations ,
Summary Judgment ,
Wage and Hour ,
Well Drilling
A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute, which protects employees from retaliation for reporting environmental...more
On December 19, the United States Department of Labor (DOL) issued what it describes as a “user-friendly webpage where workers, employers, and government agencies can find information and resources” about misclassification of...more