Law and the Workplace
Carolyn M. Dellatore

Carolyn M. Dellatore

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Connecticut Supreme Court Issues Important Clarification For Independent Contractor Test

On March 21, 2017, the Connecticut Supreme Court issued an important ruling, finding that an individual may be still considered an independent contractor under the state’s Unemployment Insurance Act even if he/she only provides services to one business or entity.  In so doing, the Connecticut Supreme Court reversed a decision by the Unemployment Insurance Board finding … Continue Reading

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate Division and concluding that the employer yoga studio did not exercise sufficient control over certain of its instructors to create … Continue Reading

Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification

On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor misclassification.  Oklahoma represents just the latest in a flurry of new participants in the U.S. DOL’s Misclassification Initiative, which was launched in 2010 … Continue Reading

North Carolina and Nebraska Join 32 Other States In Agreeing To Partner With U.S. DOL to Investigate Worker Misclassification

Just last month we reported that Pennsylvania had entered into a memorandum of understanding (“MOU”) with the U.S. Department of Labor (“U.S. DOL”), agreeing to share information and conduct joint investigations regarding independent contractor misclassification.  Now two more states have joined the U.S. DOL in this effort. In the past week, North Carolina and Nebraska … Continue Reading

New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage them greater certainty with respect to their employment status. Under the new law, independent contractors may sign a Declaration of Independent … Continue Reading

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the  Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the stated goal of which is to “combat employee misclassification and to ensure … Continue Reading

New Federal Overtime Rule Published, To Become Effective on December 1st

The DOL’s new overtime rule was published in the Federal Register on May 23, 2016.  As predicted in our prior post, the new regulation will take effect December 1, 2016, not within 60 days as previously indicated. This gives employers nearly 200 days to comply with the minimum salary increase for exempt status, which, as anticipated, … Continue Reading

New Overtime Rule Expected to Take Effect December 1, 2016

According to Bloomberg BNA, the DOL’s final overtime rule, which is expected to be released tomorrow, will take effect December 1, 2016, not within 60 days as previously indicated.  This gives employers nearly 200 days to comply with the anticipated minimum salary increase for exempt status, which is expected to more than double the current … Continue Reading

New Overtime Rules Move to Final Review Stage

On Monday the U.S. Department of Labor released its final overtime exemption rule to the White House Office of Management and Budget (OMB).  The OMB will now conduct its concluding review of the regulation, which, once approved, will be published in the Federal Register.  The OMB has up to 90 days to complete its review, … Continue Reading

New Jersey Introduces Bill to Raise Minimum Wage to $15 per Hour by Constitutional Amendment

On February 11, 2016, New Jersey State Senate President Steven Sweeney, D-Gloucester, formally introduced legislation for a ballot referendum that would authorize an amendment to the New Jersey State Constitution to raise the state’s minimum wage to $15.00 per hour. Senator Sweeney was joined by State Sen. Shirley Turner, D-Mercer, and 17 additional co-sponsors in … Continue Reading

NJ Lawmakers Propose Legislation to Raise Minimum Wage To $15 Per Hour

Today in Trenton, New Jersey State Assembly Leader Vincent Prieto, Assemblyman John Wisniewski and State Senator Ray Lesniak proposed a bill to raise the state minimum wage from $8.38 to $15 for all New Jersey workers.  New Jersey’s minimum wage was last raised by Constitutional Amendment in 2014, with a mandate for an automatic yearly increase … Continue Reading

North Carolina Governor Signs Executive Order on Worker Misclassification

On December 18, 2015, North Carolina Gov. Pat McCrory signed an executive order establishing an “Employee Classification Section” within the state’s Industrial Commission.  The Order, which took effect immediately, tasked this new Section with overseeing employee misclassification enforcement by receiving reports of employee misclassification and referring those reports to appropriate state agencies for further action.  … Continue Reading

Federal Court in Illinois Finds No Overtime Due to Police For Off-Duty Use of BlackBerrys

The U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued BlackBerrys.  In Allen v. Chicago, the officers had alleged that there was an unwritten policy not to pay them … Continue Reading

Governor Cuomo Vetoes Bill Creating Independent Contractor Test For Newspaper Carriers

Gov. Andrew Cuomo signed several bills into law on Saturday, November 21, 2015.  However, one piece of legislation that did not make it past his desk was a measure that would have created a special test under which newspaper carriers could more easily be classified as independent contractors as opposed to employees for purposes of … Continue Reading

New York Extends Sunset Provision on 2012 Wage Deduction Law Amendments to 2018

UPDATE: On October 26, 2015, Governor Cuomo signed a bill (A07594) extending the expiration period of the 2012 amendments to New York Labor Law 193 from three years after their effective date (November 6, 2015) to six years after their effective date (November 6, 2018).  For more information on the 2012 amendments, see our October … Continue Reading

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and overtime exemptions for “companionship” domestic service workers. (See our prior blog post for more information.)  The DOL … Continue Reading

Vermont Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

Yesterday the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification.  Just … Continue Reading

Alaska Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the Alaska Department of Labor and Workforce Development recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification.  Just last … Continue Reading

US Department of Labor Issues Administrator’s Interpretation Aimed At Limiting Independent Contractor Classification

As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  The AI provides … Continue Reading

Proposed White Collar Exemption Regulations Published In Federal Register

As described in our previous blog post last week, on June 30, 2015 the U.S. Department of Labor finally released its highly anticipated proposed regulations to amend 29 CFR Part 541, the Fair Labor Standards Act’s “white collar” exemptions.  Today, those proposed regulations were published in the Federal Register, marking the beginning of the sixty … Continue Reading

Highly Anticipated Proposed Changes to FLSA White Collar Exemptions Released

Today the U.S. Department of Labor (“DOL”) unveiled its long anticipated proposed rule that will, if enacted, raise the minimum salary threshold required to qualify for exemption from the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime requirements.  The proposal seeks to increase the current minimum salary requirement for the executive, administrative, professional, and … Continue Reading

DOL To Issue Independent Contractor Guidance

According to an Article in Law360, on June 5, 2015, David Weil, Administrator of the Department of Labor’s Wage and Hour Division, stated that his Office is preparing to release guidance addressing how to assess whether a worker is properly classified as an independent contractor.  Weil made the announcement at New York University’s 68th Annual … Continue Reading

D.C. District Court Vacates Regulation Impacting Overtime Eligibility Under Companionship Exemption

On December 22, 2014, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and overtime exemptions for “companionship” domestic service workers.  The regulation was scheduled to go into effect on January 1, 2015.  On December 31, 2014, the Court … Continue Reading
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