Category Archives: Employee Classifications

Subscribe to Employee Classifications RSS Feed

DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance

On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business.  New Secretary of Labor Alex … Continue Reading

The New Overtime Regulations and Their Impact on the Salary Basis Test

As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement.  Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per week … Continue Reading

Crossing Borders: Employment Considerations – Is Employment a Universal Concept?

We often expect differences among legal approaches to employment relationships around the globe. Do we ever think about the similarities? In the vast majority of countries through which my legal work life has blazed a trail, there is one concept that is remarkably universal: the definition of employment. When characterizing what happens in each of … Continue Reading

Governmental Regulations Do Not an Employee Make

The Seventh Circuit recently affirmed the district court’s decision in Callahan v. City of Chicago, 75 F. Supp. 3d 791 (N.D. Ill. 2015). Callahan, a taxi driver in Chicago, brought suit in district court against the city, pursuant to the Fair Labor Standards Act (FLSA), arguing that the city’s extensive regulations of the taxi industry … Continue Reading

Third Circuit Espouses Fact-Sensitive Inquiries in Considering Joint Employer Liability and Compensation for Meal Periods: What Employers Can Do to Brighten the Lines

In a pair of published opinions, raising novel employment issues in this Circuit, the Third Circuit Court of Appeals addressed the test for determining whether a “temporary” worker is an “employee” eligible to assert Title VII claims against the company which contracts their services, and the test for determining whether time spent on meal breaks … Continue Reading

Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors

Employers operating in the delivery and livery sectors continue to be targeted with lawsuits alleging violations of the Massachusetts Independent Contractor Statute and Wage Act. Specifically, these lawsuits allege that drivers have been misclassified as independent contractors. Damages in these types of cases can compound quickly and the Wage Act provides for the mandatory recovery … Continue Reading
LexBlog