By: Daniel I. Small, Robert T. Szyba, Howard M. Wexler, and Glenn J. Smith
Seyfarth Synopsis: New Jersey Governor Phil Murphy signed a legislative package into law on July 8, 2021 that increases enforcement mechanisms for state agencies to impose a variety of penalties against employers who misclassify workers as independent contractors and creates a new
Continue Reading NJ Continues Its Aggressive Crackdown on Independent Contractor Misclassification
By: Noah Finkel
Seyfarth Synopsis: After delaying the effective date of a finalized Trump-era interpretive regulation that would have brought much needed clarity to the definition of employee under the Fair Labor Standards Act, the DOL yesterday formally repealed that guidance. The result is that companies, workers, and courts will continue to struggle in classifying which workers are employees
Continue Reading Independent Contractor Classification Clarity, We Hardly Knew Ye
By: Ryan McCoy and Andrew Paley
Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the district court, on the rationale that AB 5 is just another generally applicable labor law that affects all
Continue Reading Ninth Circuit Applies AB 5 Against Interstate Motor Carriers
Recorded by Scott Mallery and Eric Lloyd
Often, what happens in California is a good bellwether for what could happen in the policy space on a federal level. And we believe worker classification is no different.
In this episode of Seyfarth’s Policy Matters Podcast, Counsel Scott Mallery and Partner Eric Lloyd provide an overview of where the law on misclassification
Continue Reading Policy Matters Podcast – Episode 6: How California’s Controversial Worker Classification Test Could Affect Federal Policy
By: Eric M. Lloyd & Pamela L. Vartabedian
Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in
Continue Reading California Supreme Court Rules That Dynamex ABC Test Applies Retroactively
By: Camille A. Olson, Richard B. Lapp, Louisa J. Johnson, and Andrew M. McKinley
With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time job throughout their
Continue Reading US DOL Issues Final Rule on Independent Contractor Status Under the FLSA
By: Noah A. Finkel, Camille A. Olson, Louisa J. Johnson, and John R. Skelton
For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with different terms of engagement, work, and pay and tax consequences. Amid
Continue Reading DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee
‘Twas the week before Christmas, in a year for the ages.
So here’s our latest recap of hours and wages.
The letters and laws. The regulations and cases.
A year’s worth of matters that impacted workplaces.
We begin up at One First, where SCOTUS debated
A trio of cases
Co-authored by Christopher Truxler and Coby Turner
Seyfarth Synopsis: Earlier this month, a California federal court dismissed the misclassification claims of 7-Eleven franchisees on the pleadings, finding they did not and could not plead facts sufficient to show that they were employees of their franchisor.
All is well with one of America’s most beloved convenience stores. In October 2017, four
Continue Reading Oh Thank Heaven, Franchisees Not Employees of 7-Eleven!
The
Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”