Employee Classification | Wage and Hour | News | HR Tools

NLRB Returns to Common Law Standard for Classifying Independent Contractors

Date:: January 28, 2019

A new NLRB decision has overturned an Obama-era labor board ruling and restored the standard for determining independent contractor status to one based on the traditional common-law test.

DOL Delays Overtime and Tip Credit Rules, Plans Joint Employment Rule

Date:: October 17, 2018

The latest regulatory agenda from US Department of Labor (DOL) outlines the agency's plans for rulemaking that will affect employers across the nation.

Pennsylvania's Plan to Raise Minimum Salaries for Overtime-Exempt Workers to $48,000 Scrutinized

Date:: October 9, 2018

An independent commission has raised a number of concerns that the Pennsylvania labor department must address before raising the minimum salary for most overtime-exempt employees to nearly $48,000.

DOL Schedules "Listening Sessions" for Overtime Rule

Date:: August 27, 2018

It is not clear what information the DOL hopes to learn from the listening sessions beyond what it collected from the 214,000-plus public comments it received last year.

Washington State Considers Raising Minimum Salary for Overtime-Exempt Workers as High as $74,880

Date:: August 13, 2018

The Washington State Department of Labor & Industries is looking at several options for increasing the minimum salary for overtime-exempt employees, ranging from $455 per week to $1,440 per week.

Most Independent Contractors Happy With Their Arrangement, but Temps Are Not, Survey Finds

Date:: June 14, 2018

About eight in 10 independent contractors prefer their work arrangement over a more traditional job arrangement, according to a new survey from the US Department of Labor's Bureau of Labor Statistics (BLS).

California Supreme Court Establishes Employee-Friendly Independent Contractor Test

Date:: 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

Date:: 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

Date:: 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

Date:: 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."

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