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Over the last two months, we have seen two new “Joint Employer” rules issued, the first in January, when the Department of Labor issued a new joint employer rule for Fair Labor Standards Act (FLSA) cases, previously discussed here.
Managing the Modern Workplace
Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit decision, Faludi v. U.S. Shale Solutions, L.L.C.
Managing the Modern Workplace
Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas…
Managing the Modern Workplace
Last week, the Department of Labor issued a new, final rule defining the test needed to determine joint employment status under the Fair Labor Standards Act (FLSA). The rule narrows the factors which…
Managing the Modern Workplace
Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.” If signed into law (and the…
Managing the Modern Workplace
Determining whether an individual providing services to a company is an independent contractor or an employee depends on many factors, some unusual and not typical for employment law questions.
Managing the Modern Workplace
A major battle is being waged in California over the business model of ride share companies — and by proxy, the future of the gig economy (we have discussed the ongoing challenges facing the gig…
Managing the Modern Workplace
A few weeks ago I spoke about the legal challenges of managing contractors at the Texas Chemical Council’s annual Environmental, Health & Safety conference in Galveston, Texas.
Managing the Modern Workplace
The recent Pimlico Plumbers case provides insight into how the UK Supreme Court analyses worker classification.
Managing the Modern Workplace
In Dynamex Operations West, Inc. v. Superior Court of Los Angeles County , the California Supreme Court joined a handful of other states, including Massachusetts, in adopting the “ABC test” to…
Managing the Modern Workplace
We have previously written about the UK’s “worker” status, an intermediate classification between an employee and a self-employed contractor, which affords some of the benefits and protections of…
Managing the Modern Workplace
A federal judge in California recently found that a restaurant delivery driver working for Grubhub was an independent contractor rather than an employee (and thus was not entitled to minimum wage…
Managing the Modern Workplace