There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]
Many employers are receiving invitations to register for the Office of Federal Contract Compliance Program’s (OFCCP) contractor portal. Before doing so, here is what you should know.
An African-American doctor’s race discrimination claims against a hospital failed because he couldn’t prove an employment relationship with the hospital. He had entered into a contract with a separate entity in which he agreed to provide medical services at the hospital. Under the hospital’s agreement with the other entity, it had the right to request […]
Hiring managers often look for the most economic or efficient way to bring new people on board. Sometimes this means hiring independent contractors, using recruiting firms, or hiring employees directly, and sometimes it means using a mix of these and other options. But what if a candidate specifically requests to be an independent contractor? Or, […]
Today is the day that Joe Biden becomes our 46th president. As Biden is being sworn in, it’s beneficial to look ahead at what his administration’s employment law agenda might look like. Now that Democrats control all three levels of government, employers could be hit with many new laws and regulations in the years ahead.
The announcement of a new final rule addressing when workers can legally be classified as independent contractors emphasizes the U.S. Department of Labor’s (DOL) intent to bring clarity to the issue, but with a change in administration near, the future of the rule is up in the air.
Aside from the personal and professional challenges 2020 presented (the COVID-19 pandemic, government shutdown orders, concerns about keeping employees safe, layoffs, remote working, homeschooling, and navigating the unknown), what stands out most to me in my practice—and had the biggest impact on my clients—was the U.S. Department of Labor’s (DOL) continued uncompromising pursuit of investigations […]
President Donald Trump’s recent executive order (EO) placing limits on the diversity training that federal employers and contractors can offer is raising concerns of a chilling effect on employers’ diversity, equity, and inclusion efforts.
A new proposed rule from the U.S. Department of Labor (DOL) would make it easier for employers to justify classifying certain workers as independent contractors, but misclassifying workers would still be a costly mistake.
Uber and Lyft are under orders to reclassify their drivers in California as employees instead of independent contractors, after a judge issued a temporary injunction on August 10. Uber quickly announced it would file an emergency appeal.