‘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
Oh Thank Heaven, Franchisees Not Employees of 7-Eleven!
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
California Supreme Court Hears Oral Argument to Define “Independent Contractor”
Co-authored by Rabia Z. Reed and Ryan McCoy
Seyfarth Synopsis: The California Supreme Court heard oral arguments Tuesday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an independent contractor or an employee. The opinion will be significant for any entity using
DOL Withdraws Guidance on Joint Employment, Independent Contractors
Authored by Alex Passantino
On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s 2015 and 2016 Administrator Interpretations (“AIs”) on joint employment and independent contractors. These documents were statements of the Wage & Hour Division’s interpretations of the FLSA’s (and Migrant
Independent Contractor Standards Uncertain Despite New Administration
Authored by Hillary J. Massey
Seyfarth Synopsis: It remains to be seen whether the Trump administration will redirect its enforcement priorities away from independent contractor misclassification issues or curtail the applicable standards in the coming years. Because states and plaintiffs’ attorneys likely will continue to aggressively pursue independent contractor matters, employers should consider auditing their
What 2016 Workplace Class Actions Filings Suggest Employers Are Apt To Face In 2017
Authored by Gerald Maatman, Jr.
Seyfarth Synopsis: Workplace class action filings were flat overall and even decreased as compared to levels in 2015. However, that is apt to change in 2017. In the 4th in a series of blog postings on workplace class action trends, we examine what employers are likely to see in 2017.
New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification
Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were misclassified as independent contractors.
Co-authored by Robert S. Whitman and Howard M. Wexler
As wage and hour “gurus” are aware, the
That’s a Wrap: Fox Reaches Deal with Unpaid Interns
Co-authored by Robert Whitman and Adam J. Smiley
Seyfarth Synopsis: Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used to evaluate whether interns are properly classified under the FLSA.
As
Signs of (American United) Life for Independent Contractor Status in Massachusetts
Authored by Patrick Bannon and Anne Bider
Independent contractor misclassification claims have become an epidemic — nationally and especially in Massachusetts. Under most tests for independent contractor status, whether an individual’s services are within the usual course of the business of the company for which they are performed is an important factor. Under Massachusetts’ Independent
I’m Dreaming of a White Collar: 2015 Year in Review
Authored by Alex Passantino
‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year.
In January, for new regs in this year our breath bated.
Then for six painful months, we speculated and