News & Analysis as of

Employee Benefits Misclassification

Cozen O'Connor

District of Columbia AG Secures Record $3.75 Million Wage-Theft Settlement

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District of Columbia AG Brian Schwalb settled with contractors Power Design, Inc. (PDI) and John Moriarty & Associates of Virginia, LLC (JMA), along with multiple labor subcontractors, to resolve allegations that the...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fisher Phillips

Uber and Lyft Settlement Provides New Precedent for the Gig Economy and Major Benefits for Massachusetts Drivers: Key Employer...

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Uber and Lyft just reached a $175 million settlement with Massachusetts state prosecutors that permits their drivers to stay classified as independent contractors – not employees – but entitles the drivers to significant...more

Tucker Arensberg, P.C.

Considerations When Switching Independent Contactors to Employees

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Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are...more

McDermott Will & Emery

[Webinar] Employee Benefits Changes in 2024: New Requirements for Part-time Employees and Independent Contractors - March 7th,...

If you employ part-time workers and/or engage independent contractors, sit up and take note: 2024 will bring significant changes to how you manage your workforce. The US Department of Labor’s revised Independent Contractor...more

Sherman & Howard L.L.C.

DOL Officially Returns to Stricter Independent Contractor Rule Under Fair Labor Standards Act

“Employee means any individual employed by an employer.” That’s not some sixth grader’s attempt to mask their failure to study for a vocab quiz: It’s what Congress gifted us with 85 years ago in the Fair Labor Standards Act...more

Cozen O'Connor

New Jersey AG Files First Worker Misclassification Lawsuit Under New Law

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New Jersey AG Matthew J. Platkin and the New Jersey Department of Labor and Workforce Development filed a lawsuit against STG Logistics, Inc. and STG Drayage LLC (collectively, “STG”) alleging that the shipping and logistics...more

Cozen O'Connor

DC AG Continues Constructing Wage Theft Settlements

Cozen O'Connor on

District of Columbia AG Brian Schwalb settled with Prestige Drywall LLC to resolve allegations that the construction company misclassified employees as independent contractors—resulting in the deprivation of overtime pay,...more

Jackson Lewis P.C.

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

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The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Miles & Stockbridge P.C.

[Event] 2023 Hot Topics in Employment Law - April 25th, Baltimore, MD

Join Miles & Stockbridge for a half-day SHRM- and HRCI-approved program and plenty of networking. Our annual Hot Topics in Law Employment Law Seminar brings together business owners and legal, C-Suite and human resource...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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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

Fisher Phillips

The Top 16 Workplace Law Stories from August 2022

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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

McAfee & Taft

Defining contractors

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For employers, the use of independent contractors to assist in business operations is an important option. Contractors typically provide flexibility and cost savings as they don’t receive overtime pay or employee...more

CDF Labor Law LLP

[Webinar] Tackling Key California Labor and Employment Law Issues in Acquisitions & Mergers - August 30th, 9:30 am - 11:00 am PT

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CDF Labor Law LLP presents an interactive panel discussion that will cover California transactional and employment law issues triggered by mergers and acquisitions. Richard Weintraub, of Weintraub Law Group, will share his 40...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

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Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Bricker Graydon LLP

Independent contractor or employee? Be sure you know from the start.

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The law treats employees and independent contractors differently. Independent contractors are usually exempt from labor and employment legislation, such as minimum wage and overtime pay and retirement contributions, while...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

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As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Fisher Phillips

The Top 17 Workplace Law Stories from April 2022

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

Fisher Phillips

Top 10 Things Employers Need to Know About the Davis Bacon Act as Infrastructure Faucet Gets Turned on Full Blast

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When President Biden signed the Infrastructure Investment and Jobs Act into law this past November, he not only committed a historic amount of funding for the nation’s infrastructure, he kickstarted a process that will...more

Foley & Lardner LLP

Benefits Issues That Arise Upon Misclassification of Employees

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Worker classification is an area of major concern for employers of all sizes. Misclassification of workers as independent contractors has labor and employment ramifications as well as employee benefits ramifications. Guidance...more

Locke Lord LLP

What Companies Can Learn From an ERISA Case Alleging Independent Contract Misclassification: February 2022 IC Legal News Update

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This past month, the most notable lawsuit alleging independent contractor misclassification was an ERISA claim. ERISA lawsuits by workers alleging independent contractor misclassification can potentially expose companies to...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

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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

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