After the California Second District Court of Appeal’s Oct. 8, 2019, decision in Gonzales v. San Gabriel Transit, Inc., brought as a garden variety wage and hour class action claiming various classifications of drivers who agreed to be and were treated as independent contractors were in fact employees, the California Supreme Court will have the final say … Continue Reading
The U.S. Department of Labor (DOL) on Sept. 24, 2019, announced a final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees. The final rule, effective Jan. 1, 2020, will significantly impact businesses. Experts predict the rule could result in the reclassification … Continue Reading
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
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
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
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
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
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
