Practical HR Tips, News & Advice. Updated Daily.
by Leslie E. Silverman The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP: Eliminating barriers […]
By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]
An employer and its staffing company will pay $1.1 million in back wages and another $1.1 million in damages to resolve U.S. Department of Labor (DOL) findings that they intentionally misclassified workers as independent contractors.
By Jeffrey D. Slanker and Robert J. Sniffen, Sniffen & Spellman, P.A. A Key West strip club was sued by its dancers in the U.S. District Court for the Southern District of Florida. The parties proposed a $1.2 million settlement. The settlement highlights the dangers of violations of the Fair Labor Standards Act (FLSA), a […]
By Dinita L. James, JD, Gonzalez Saggio & Harlan LLP A new state law in Arizona going into effect on August 6 will allow independent contractors to provide a declaration of their independence to businesses using their services.
By Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP Does your organization use independent contractors or other workers labeled “owners” or “partners” who aren’t considered employees? If so, a recent decision by a federal court judge in Chicago that shows the danger in misclassifying employees may give you indigestion.
by Dinita L. James Gonzalez Law, LLC A new Arizona law going into effect on August 6 will allow independent contractors to provide a declaration of their independence to businesses using their services. The law provides a form called a declaration of independent business status (DIBS) to help determine whether a worker should be classified […]
Drivers for ride-hailing giant Uber will continue to be independent contractors under the terms of a settlement of class-action lawsuits in California and Massachusetts if the settlement receives court approval. The settlement, announced on April 21, will require the company to pay drivers an initial $84 million and possibly as much as $100 million. Despite […]
Lyft, a ride-hailing service that uses independent contractors as drivers, has agreed to settle a proposed class action lawsuit in California by paying $12.25 million and giving drivers certain protections, but the settlement doesn’t call on the company to reclassify its drivers as employees. The larger ride-hailing service Uber also is facing court action. The […]
by Elizabeth J. Boca The minimum wage in California will increase from $9 to $10 an hour as of January 1. Employers must understand that paying the higher minimum wage alone doesn’t satisfy their obligations because the upcoming increase will spark a domino effect in various compliance areas. Exempt “white-collar” employees. Each time the state […]