All Items: Employee Classification

  • California Supreme Court Establishes Employee-Friendly Independent Contractor Test

    May 1, 2018

    In Dynamex Operations West v. The Superior Court of Los Angeles County, the California Supreme Court established an employee-friendly "ABC test," under which a worker will be considered an employee under California's wage orders unless the hiring entity can show that three criteria are met.

  • Supreme Court Ruling Could Broaden FLSA Overtime Exemptions

    April 2, 2018

    In Encino Motorcars, LLC v. Navarro, the Supreme Court rejected a narrow interpretation of Fair Labor Standards Act exemptions in favor of a broader reading that includes auto dealership service advisors.

  • Gig Worker Found to Be Independent Contractor in First-of-Its-Kind Ruling

    February 14, 2018

    Lawson v. GrubHub appears to be the first ruling involving gig workers who perform on-demand work facilitated by a digital platform.

  • DOL to Use More Employer-Friendly "Primary Beneficiary" Test for Unpaid Internships

    January 8, 2018

    To better align with recent case law, eliminate unnecessary confusion among the regulated community, and provide increased flexibility to its investigators, the US Department of Labor (DOL) has rescinded its "six-factor test" for determining whether an intern qualifies as an employee under the Fair Labor Standards Act in favor of the "primary beneficiary test."

  • Overtime Ruling Turns on Weight of Drivers' Vehicles

    November 21, 2017

    Employees need only work on smaller vehicles "in part" to qualify for overtime compensation under the Fair Labor Standards Act, the 4th Circuit Court of Appeals ruled in Schilling v. Schmidt Baking Co.

  • Bill to Define "Joint Employer" Passes House

    November 13, 2017

    H.R. 3441, known as the "Save Local Business Act," would amend the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) to narrow the circumstances under which an employer will be considered a joint employer.

  • DOL Appeals Overtime Injunction

    October 30, 2017

    The US Department of Labor is appealing the permanent injunction blocking the Obama administration's 2016 overtime rule not to uphold the $47,476 salary threshold but rather to preserve its authority to set a lower salary threshold.

  • Illinois to Create Online Employee Misclassification Complaint System

    September 27, 2017

    The Illinois Department of Labor will create an online employee misclassification referral system for employees who claim they were misclassified as independent contractors will be able to file a complaint to multiple agencies at once.

  • $47,476 Minimum Salary Struck Down, New Minimum of About $33,000 Expected

    August 31, 2017

    The US District Court for the Eastern District of Texas ruled that the US Department of Labor (DOL) exceeded its authority when it raised the minimum salary for most overtime-exempt employees to $47,476 last year.

  • North Carolina Establishes New Office to Investigate Employee Misclassification

    August 15, 2017

    Effective December 31, 2017, North Carolina will create a new Employee Classification Section within the North Carolina Industrial Commission to investigate reports of employee misclassification and assist other state agencies in recovering back wages, taxes and more.

About This Category

News: HR guidance on complying with the FLSA and state employee classification requirements.