’Tis the season for things to drop. Some things that drop are big, some not so big.
On New Year's Eve, we saw the ball drop in New York. Fun fact: The ball is a geodesic sphere, 12 feet in diameter, weighing 11,875...more
1/11/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
When playing professional sports in Australia, you’d better watch out for snakes.
A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more
1/3/2024
/ ABC Test ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Priorities ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRB ,
State and Local Government ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more
Gov. Pritzker has signed a law that will substantially amend the Illinois Day and Temporary Worker Services Act. The amendments take effect immediately....more
The sky is not falling.
When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some of the commentary issued quickly by news outlets right...more
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
7/11/2022
/ ABC Test ,
Class Action ,
Class Certification ,
Dynamex ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
State Labor Laws ,
Subcontractors ,
Vendors ,
Wage and Hour
On June 4, 1923, jockey Frank Hayes rode 20-1 long shot Sweet Kiss to victory at Belmont Park. While that seems impressive, what made the win even more memorable is that at some point during the race, poor Frank died....more
No visit to Turkmenistan would be complete without a visit to the Darvaza Crater, more commonly known as the Door to Hell. This massive crater formed decades ago after a Soviet drilling rig collapsed. Roughly 40 years ago,...more
This octopus in New Zealand has been trained to take photos of visitors to the Sea Life Aquarium. That’s a pretty neat trick. I’m sure the visitors love it and will pay whatever exorbitant fee the aquarium charges to profit...more
On March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is intended to...more
This week’s post is Family Feud Style. Name Three Things That Sound Like They Would Be “Joint Employment” But Are Not:
1. Long-haired, easy-going product tester at the local wacky tobacky dispensary....more
For years, state governments have claimed they were losing hundreds of millions of dollars in unpaid withholdings as a result of independent contractor misclassification....more
The Law -
On September 19, 2019, Governor Gavin Newsom signed Assembly Bill 5 (AB 5) into law. The law takes effect January 1, 2020, although some provisions may be applied retroactively.
...more
On May 2, the Ninth Circuit expanded the application of the “ABC” test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court....more
Sometimes it’s obvious what something is, and you don’t need a label. Other times it’s not so obvious, and you do need a label. Then there’s the rare instance when it’s obvious what something is, but someone feels compelled...more
Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes...more
Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some generic processed meat flavor.
On June 7, 2017, the Department of Labor...more
When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going.
The Wage and Hour Division needs no map to find where it...more
The use of nonemployee workers is more prevalent than ever, and challenges to these relationships are growing just as rapidly. Entire business models are at stake.
The Internal Revenue Service (IRS), the Department of...more
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more
8/19/2015
/ Class Action ,
Collective Actions ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Unpaid Overtime ,
Wage and Hour ,
Withholding Tax ,
Workers' Compensation Claim
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more
This Blog is Not about Owen Wilson and Vince Vaughn, But… “The Internship” fails the first test of merit for a comedy: “Is it funny?” I find that opening line in a review from The New Yorker hilarious. (Funnier than the...more
Things that $228 Million will buy: – LeBron James’s waterfront mansion in Miami, listed for $15 million – A 710-year old copy of the Magna Carta, sold in 2007 for $21.3 million – The Oakland A’s, sold in 2005 for $180...more
An ice cream parlor in Dania Beach, Florida, features The Original Kitchen Sink Sundae, which contains up to 30 scoops, plus chocolate syrup, marshmallows, nuts, whipped cream, and a variety of berries. Customers can choose...more
For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...more