Category: Misclassification

Posted in Misclassification

Supreme Court Overrules Chevron; Courts Must Determine “Best” Meaning of Statutes Without Deference

From JDSupra, Michael Huston, Stephanie Olson, Christopher Thomas, Christopher Wilkinson, and Eric Wolff discuss the recent decision…

Posted in Misclassification

The FTC vs. Noncompete Agreements: Ban on Noncompete Agreement Hits a Roadblock

From JDSupra, Mark Brookstein, Alec Cerqueira, and David Michael discuss the history of the Federal Trade Commission’s…

Posted in Misclassification

Federal Court Puts FTC Non-Compete Ban on Hold

From JDSupra, Helen He, Alexander Paul Okuliar, Lisa Phelan, Michael Schulman, David Shaw ,and Cooper Spinelli report…

Posted in Misclassification

Don’t Be Fooled: Employers Cannot Circumvent Wage and Hour Rules by Classifying Workers as Contractors! 

From JDSupra, Derrick Earl Anderson. Taviea Carey, and Jean Kuei discuss the importance of classifying workers correctly,…

Posted in Misclassification

Industries Counteract Class Action Independent Contractor Misclassification Claims

From JDSupra, Richard Reibstein discusses two cases in which workers were found to be independent contractors. Richard…

Posted in Misclassification

Why Employment Counsel Need a Seat at the Table for All M&A Transactions 

From JDSupra, Laura Mallory discusses the importance of having an employment attorney involved in an acquisition to…

Posted in Misclassification

New DOL independent contractor rule may not be a cure-all for chicken farmer

by Dave Dickey, Columnist, Investigate MidwestJune 5, 2024 Chicken farmers have long chafed at Big Poultry’s tournament…

Posted in Misclassification

Congressional Review Act (CRA) May Have Been Incentive for United States Department of Labor to Finalize Independent Contractor Rule

From JDSupra, James Plunkett discusses Republicans in the United States House of Representatives introducing a Congressional Review…

Posted in Misclassification

Is gig work compatible with employment status? Study finds reclassification benefits both workers and platforms

From Phys.org, Tanner Stening discusses recent research which suggests that reclassification benefits both workers and platforms. Tanner…

Posted in Misclassification

Independent Contractor or Not: Circus Worker Asserts Oral Contract

From Human Resources Director(HRD) (Australia), Paulinet Tamaray discusses a recent case in which a circus worker was…

Posted in Misclassification

Considerations When Switching Independent Contactors to Employees

From JDSupra, Scott Leah discusses factors to consider if/when a company has an independent contractor that might…

Posted in Misclassification

Top 10 Employment Compliance Pitfalls for Emerging Companies

From JDSupra, Yiorgos Koliopoulos, Amanda Weaver, and Laura Windsor discuss some of the most significant challenges facing…