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Over-Time Totality of Circumstances Test Wage and Hour

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Benesch

Department of Labor Issues New Proposed Rule on Independent Contractor Classification

Benesch on

​​​​​​​On Tuesday, October 11, 2022, the Biden Administration’s Department of Labor ("DOL") issued a proposed rule revising the agency’s approach to evaluating independent contractor status under federal wage & hour law. The...more

Morgan Lewis

Massachusetts SJC Adopts FLSA ‘Joint Employer’ Test for Minimum Wage & Overtime Laws

Morgan Lewis on

Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more

Parker Poe Adams & Bernstein LLP

Lousy Internship Experience Does Not Convert It Into Paid Work

In recent years, a number of companies have faced lawsuits from unpaid interns who claim that they should have been compensated for their work. The Department of Labor considers internships to be subject to federal minimum...more

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