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Wage and Hour State Labor Laws Employee Definition

Bodman

Are Independent Contractors Covered Under Michigan’s Earned Sick Time Act?

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Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025.  As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who,...more

Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

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On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Littler

Effective July 1, Minnesota Employers Face Increased Scrutiny and Possible Liability for Using Independent Contractors Versus...

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Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws.  Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

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The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Fisher Phillips

10 Things New York Businesses Need to Know About New Freelancer Protection Law

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A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to...more

Cozen O'Connor

State AG Pulse | AGs Clock In On Wages

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State AGs’ authority is by no means limited to their more traditional jurisdictions - consumer protection, privacy, and antitrust - as several recent actions by state AGs in the labor and employment arena clearly demonstrate....more

Saul Ewing LLP

What New York Employers Need to Know About Pay Frequency Requirements for Hourly and Manual Workers

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New York employers who pay their non-exempt, hourly employees on a bi-weekly or semi-monthly basis may need to think again based on recent court decisions interpreting the definition of “manual worker” under the New York...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Four-Yes,...

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee.  In addition to the bills that we have already summarized, here is a...more

CDF Labor Law LLP

California Court Of Appeal Holds That App-Based Driver And Delivery Businesses Can Properly Classify Workers As Independent...

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On March 13, 2023, in Castellanos v. State of California, the California Court of Appeal handed down a pink unicorn decision in favor of app-based driver and delivery businesses that permits them to properly classify workers...more

DarrowEverett LLP

Going By the Handbook Can Be Employer’s Best Defense

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Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and...more

Chartwell Law

New Jersey Supreme Court Clarifies Definition of "Employee"

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One of the most deceptively complex issues in New Jersey workers’ compensation is the definition of an employee. This designation is critical because only employees, as opposed to independent contractors, are eligible for...more

Littler

Portland, Maine Voters to Decide on Raising Minimum Wage, Eliminating Tip Credit, and Classifying Ride-share and Delivery Drivers...

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The Portland, Maine City Council voted unanimously on August 8, 2022, to send five citizen-initiated referendums to voters in the November election. One of the referendums that will appear on the November 8 ballot – “An...more

Littler

New Jersey High Court Says Separate Corporate Structure Not Enough to Establish Independent Contractor Status

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On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors. In East Bay Drywall, LLC. v. Department...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Miller Nash LLP

California Employer‘s Good-Faith Belief That Freelance Model Was Not an Employee Defeats Penalty Claims

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California employers will be pleased to learn that the Ninth Circuit Court of Appeals recently held that a retail store reasonably believed that a freelance model who worked in irregular one- or two-day periods was not an...more

Payne & Fears

Key California Employment Law Cases: April 2022

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Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more

Stradling Yocca Carlson & Rauth

Independent Contractor Status: The Risks of AB-5

There are myriad risks associated with Independent Contractor (IC) status. In addition to overtime, minimum wage, and meal and rest period considerations, there is also the question of employee benefits such as vacation,...more

Proskauer - California Employment Law

California Continues to Go to the Dogs

On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 10: AB 5 Exemption Extensions

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Supreme Court Could Upend The State’s Real Estate Industry

The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee...more

Manatt, Phelps & Phillips, LLP

AB 5 Survives Challenge From Freelance Writers, Photographers

Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the...more

Obermayer Rebmann Maxwell & Hippel LLP

California’s Struggle With Its “ABCs” Continues

In January of 2020, California enacted a new law that codifies a strict test for determining if workers are independent contractors or employees and thereby entitled to minimum wage, overtime, and various other benefits. ...more

Manatt, Phelps & Phillips, LLP

California Enacts Multiple Employment Laws

As the legislative term came to an end in California, several employment-related bills were enacted....more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

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