News & Analysis as of

Employee Definition

Epstein Becker & Green

DOL Shelves Independent Contractor Rule

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On May 1, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (Division) issued Field Assistance Bulletin (FAB) No. 2025-1 (“FAB 2025-1”), announcing that it is currently working to reformulate the test as to...more

Polsinelli

DOL Abandons 2024 Independent Contractor Test

Polsinelli on

What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

Troutman Pepper Locke on

Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Constangy, Brooks, Smith & Prophete, LLP

DOL reinstates Trump’s standard on independent contractors under FLSA

In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was...more

FordHarrison

U.S. Department of Labor Announces It Will No Longer Enforce 2024 Independent Contractor Rule

FordHarrison on

On May 1, 2025, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin confirming that it will no longer enforce a 2024 Biden-era independent contractor rule. The 2024 rule defined “independent contractor”...more

Foley & Lardner LLP

Illinois Broadens Scope of Whistleblower Act, Strengthening Protections for Whistleblowers in the State

Foley & Lardner LLP on

The Illinois Whistleblower Act (the “Act”) provides protections to employees who make reports of certain fraudulent and illegal conduct occurring in their workplaces. In the past legislative session, the Illinois General...more

Fox Rothschild LLP

NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

Fox Rothschild LLP on

The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or...more

Vorys, Sater, Seymour and Pease LLP

Virginia and Wyoming Further Restrict Use of Non-Competition Agreements

As the future of the Federal Trade Commission’s stalled federal ban on non-competition agreements remains uncertain (FTC Non-compete Ban Blocked – For Good, For Now), states continue to enact laws curtailing employers’...more

Fisher Phillips

Federal Appeals Court Rejects Remote Worker’s State Law Claim Based on Physical Presence: Key Takeaways for Employers

Fisher Phillips on

With so many employees working remotely these days, it can be confusing to determine which state they actually work from – and which laws apply to the employment relationship. Is their home office in a different state than...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

Ballard Spahr LLP on

A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

BCLP on

With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Troutman Pepper Locke

Are Reality TV Contestants Independent Contractors or Employees? From Pods to Paychecks With Love Is Blind — Hiring to Firing...

Troutman Pepper Locke on

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the intriguing intersection of reality TV and employment law. Joined by Troutman Pepper Locke Labor and Employment Partner Richard...more

Clark Hill PLC

What the Revised Earned Sick Time Act Means for Michigan Employers

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On Feb. 21, Governor Whitmer signed an amendment to the Earned Sick Time Act (“ESTA”), which became effective immediately. The law requires most Michigan employers to permit employees to accrue and use paid earned sick time....more

Kaufman & Canoles

Parting Wisdom: Outgoing Departments of Education and Justice Weigh In on NIL

Kaufman & Canoles on

In the wake of the pending House settlement, the Third Circuit’s opinion in Johnson v. NCAA, and the NLRB’s push for athlete employment and unionization, the spotlight has predictably shifted to colleges and universities who...more

Venable LLP

Johnson v. NCAA: Student-Athlete Employment Status in the Second Trump Administration

Venable LLP on

As previously reported here, on July 11, 2024, the U.S. Court of Appeals for the Third Circuit (the Third Circuit) ruled that collegiate student athletes could theoretically be considered employees of their respective...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Classification of App-Based Couriers as Employees in Mexico

App-based couriers in Mexico are now classified as employees under an amendment to the Federal Labor Law published on December 24, 2024, in the Official Gazette of the Federation (Diario Oficial de la Federación). ...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking

As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency...more

K&L Gates LLP

New Year's Resolutions for Employment, Industrial Relations, and Work Health and Safety

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A few New Year’s Resolutions from an employment, industrial relations and work health and safety perspective as we kick off 2025....more

Bricker Graydon LLP

Do I Need to Pay My Student Intern?

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With the start of this new semester, we have received several questions regarding whether student interns need to be paid. As everyone knows, state and federal law requires employers to pay employees for their work. ...more

PilieroMazza PLLC

SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program

PilieroMazza PLLC on

As PilieroMazza noted on December 17, 2024, the Small Business Administration (SBA or the Agency) published a final rule that will make changes to its regulations for the Historically Underutilized Business Zone (HUBZone)...more

Venable LLP

The NLRB's Race to Turn Student Athletes into Employees Faces Its Next Hurdle - A Change in Administration

Venable LLP on

We previously reported that the National Labor Relations Board (NLRB) heard a complaint earlier this year against the NCAA, the University of Southern California, and the Pac-12 Conference for failing to classify student...more

Troutman Pepper Locke

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

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As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

Genova Burns LLC

From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes

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On New Year’s Eve, the union attempting to organize Dartmouth College's men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the...more

CDF Labor Law LLP

Efforts to Turn NCAA Student-Athletes Into Employees Takes A Major Step Backwards

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In September 2023, the Service Employees International Union filed a Petition to represent the players on the Dartmouth College “Men’s Basketball Team.” In March 2024, an election was held. Dartmouth College’s mens’...more

Fisher Phillips

Dartmouth Basketball Team Withdraws Petition to Form First Student-Athlete Union: 5 Compliance Tips for Colleges and Universities

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The country’s first unionized college basketball team is no more. After making history just under a year ago, the union representing Dartmouth College men’s basketball players withdrew its petition on December 31 and will no...more

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