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Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1, 2025, announcement by the U.S. Department of Labor (DOL) about its intended approach to the classification of individuals as independent contractors is a recent example. Background on Independent Contractors A number […]
Whether a company is a start-up, in growth mode, or looking to hire out-of-state workers, it may face a dilemma about whether to bring on a new worker as an employee or an independent contractor. That distinction is important because independent contractors don’t receive overtime pay or unemployment benefits, aren’t covered by the company’s workers’ […]
As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to very real-world implications. In December 2024, the National Labor Relations Board (NLRB) filed a complaint against producers Kinetic Content and Delerium […]
Defining employee classifications is one of the most critical compliance tasks for employers. Misclassification can lead to costly legal and financial repercussions. But what exactly do we mean by employee classifications? What Are Employee Classifications? Employee classifications help determine a worker’s rights, benefits, and pay structure under labor laws. Two key distinctions are: Exempt vs. […]
On January 10, 2024, the U.S. Department of Labor (DOL)published a new final rule revising its guidance on independent contractor classifications under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the final rule rescinded a rule from 2021 and implemented a new test for determining whether a worker is an employee or an […]
When it comes to staffing an organization, there are more options than the traditional full-time, closely supervised W-2 employee. Many organizations leverage independent contractors, a type of worker that is treated differently for both employment law and tax purposes, and that offers both advantages and disadvantages when compared to traditional workers. Understanding Independent Contractors Independent […]
With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was ambiguous. The decision is already affecting numerous federal regulations. 5th Circuit Considering Whether to Remand Trump OT Case The U.S. 5th Circuit Court […]
After nearly four years of court battles, Proposition 22—also known as the Protect App-Based Drivers and Services Act—has been upheld by the California Supreme Court. The voter-enacted law allows drivers for app-based transportation and delivery companies—also known as “network companies”—to be classified as independent contractors, as long as several conditions are met. Summary of Proposition […]
The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024, and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). Employers that misclassify individuals as independent […]
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023, sweeping memoranda from the National Labor Relations Board (NLRB), and final rules from the NLRB on joint employment. All of this is […]