From Foley & Lardner and JDSupra. — “The dividing line between employees and independent contractors has been a hot topic in employment law for several years. In addition to the interest the federal government has taken in possible misclassification of employees, employers can also be subject to civil suits under the Fair Labor Standards Act (“FLSA”) and/or state employment law. In fact, litigation related to the FLSA has increased dramatically in the last few years. However, a New York federal court recently threw out a class action claim under the FLSA and the New York Labor Law (“NYLL”), giving some indication that while independent contractor challenges are notoriously difficult for employers to prevail upon, when a business is careful to observe the formalities and necessities of the independent contractor relationship, court still recognize its validity….”
Read the full story at Recent Case Reminds Companies That, Though Much Embattled, Independent Contractor Classifications Can Be Valid
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