The NLRB’s Reinstatement of a Worker-Friendly Standard for Property Access
December 20, 2022
The National Labor Relations Board (“NLRB” or the “Board”) took significant steps to limit the power of property owners to restrict contractors’ workers access to their property in a 3-2 decision on Friday.
Read More >

Wait, Is that Pro Golfer an Employee or Independent Contractor?
December 8, 2022
As you may be aware, there is some contentious litigation ongoing between the PGA Tour and LIV Golf, a new and controversial golf league financed by the Saudi Arabian Public Investment Fund that aims to become a competitive alternative to the PGA Tour.
Read More >

DOL Independent Contractor Rule Update: Deadline for Public Extended to December 13, 2022
October 26, 2022
The Department’s decision to extend the comment period comes on the heels of several business groups and lawmakers asking for additional time to review the 184 page proposed rules.
Read More >

DOL lssues New Independent Contractor Rule
October 11, 2022
The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA).
Read More >

The Independent Contractor Saga Continues: Return of the Trump Rule and David Weil's Defeat
April 14, 2022
In mid-March, a federal court revived President Trump’s “Independent Contractor” rule. Later that month, President Biden’s nominee for U.S. Department of Labor Wage and Hour Division Administrator – David Weil – failed to obtain Senate approval.
Read More >

New Rule Clarifies Standard for Independent Contractor v. Employee Status
January 7, 2021
On January 6, 2021, the U.S. Department of Labor announced a final rule clarifying the test and various factors used to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act.
Read More >

DOL's Proposed Rule on Independent Contractor/Employee Classification
November 4, 2020
The gig economy has resulted in state and federal oversight and regulation regarding whether an individual is an independent contractor or an employee.
Read More >

OFCCP May Soon Allow for Expedited Resolution of Contractor Violations
January 6, 2020
On December 30, 2019, the Office of Federal Contract Compliance (OFCCP) issued a Notice of Proposed Rulemaking that aims to clarify the process for its two formal notices – the Predetermination Notice (PDN) and Notice of Violation (NOV).
Read More >

OFCCP Issues New Construction Technical Assistance Guide
November 27, 2019
On November 13, 2019, the U.S. Department of Labor announced the issuance of the Office of Federal Contract Compliance Programs’ (OFCCP) Technical Assistance Guide – Construction Contractors.
Read More >

California Codifies “ABC” Test to Limit Independent Contractors and Expand Definition of “Employee”
September 25, 2019
Last week, California Governor Gavin Newsom signed into law a controversial and closely watched bill entitled AB-5
Read More >

New Classification Test Announced for California Independent Contractors
May 1, 2018
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee in that state unless the employer meets a three-prong “ABC” test.
Read More >

What Lessons Can Employers Learn from the Uber Class Action?
March 21, 2018
For years, a class action lawsuit brought by a group of Uber drivers has been pending in federal court in California.  The plaintiffs in that case allege that they are misclassified as independent contractors and are entitled to wages, overtime, and tips.
Read More >

Tweets Follow

May 31

(Not Terribly Useful) Guidance from the DOL on the FMLA and Holidays

May 30

EEOC Updates COVID-Related Guidance For Employers As The Feds Declare An End To The Public Health Emergency

May 26

The EEOC Targets the Use of AI in Employment Decisions