We had another great turnout last week for my firm’s seminar on labor & employment law. Many of the topics would be familiar to avid blog readers, but there were three interesting points that I haven’t talked much about that I thought were also notable. 1. In September, the IRS announced a Voluntary Classification Settlement… Continue Reading
Tag Archives: independent contractor
Connecticut Part of New Governmental Pact on Employee Misclassificiation
Posted in Highlight, Laws and Regulations, Wage & HourWith all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider. Over the last few years, there’s been more agency enforcement centered around employee misclassification — that is treating “real” employees as… Continue Reading
Issues for Misclassification Lawsuits – Don’t Get Swept Up
Posted in Class Actions, Litigation, Wage & HourThe Connecticut Law Tribune this morning has word of a lawsuit by a group of individuals who say that as vacuum sellers, they were “hosed” by a company that, they claim, was actually their employer. Because the case has just been filed, the employer has not yet filed a response. You can download a copy… Continue Reading
In Titillating Case, Court Compels Strip Club Dancers to Engage Individually …in Arbitration
Posted in Class ActionsA few weeks ago, I indicated (in posts here and here) that the AT&T Mobility v. Concepcion case would have a huge impact on forcing arbitrations of employment matters and limiting class actions. An important new federal District Court case in Connecticut decided yesterday, D’Antuono v. Service Road Corp., (download here) has shown that to be… Continue Reading
Stripping Down the Latest FLSA Decision: Adult Entertainers
Posted in Class Actions, Litigation, Wage & HourWhile I dig back out from vacation, my colleague Jon Orleans forwarded this update on a recent case in the Second Circuit. While the case is from New York, it may ultimately have some implications in Connecticut if it is appealed. A recent decision from the Southern District of New York certifies an FLSA… Continue Reading
What Employers Can Learn From Linda McMahon’s Booking Contract with WWE
Posted in Human Resources (HR) ComplianceWith the campaign for U.S. Senate winding up in Connecticut soon, there’s been lots of chatter about Linda McMahon’s role with the WWE. I’ll leave it for others to analyze political issues arising from her relationship with the WWE, if any, but her relationship with the company provides an interesting backdrop to talk about independent… Continue Reading
Connecticut Department of Labor Employer Breakfast Series Continues
Posted in Wage & HourThe Connecticut Department of Labor is renewing its breakfast series for employers next month with a timely presentation on the difference between independent contractors and employees. Carl Guzzardi, U.C. Director of Accounts for the U.I. Tax Division, and Resa Spaziani, Field Supervisor for the Wage & Workplace Standards Division from the CT Labor Department are… Continue Reading
Wage & Hour Rx Wrapup: What Employers Need To Know
Posted in Human Resources (HR) Compliance, Wage & HourYesterday’s seminar on Wage & Hour Rx, sponsored by the CBIA, went very well and I thank all of the attendees for their great questions and comments. It made for a lively discussion about all things wage & hour. What were some of the "hot topics"? The difference between employees and independent contractors was a… Continue Reading
Employers Can Use Independent Contractors, But It Must Be Legitimate
Posted in Wage & HourWith all the publicity lately about the new efforts by the state and federal governments to "crack down" on employers that misclassify employees as independent contractors, you might think that being an independent contractor is a dirty word. Not so, according to Michael Gualtieri, who owns and operates ProCourier, Inc. and serves as president of… Continue Reading
The Year of Worker Misclassification Continues; Additional Penalties Being Proposed
Posted in Legislative Developments, Wage & HourEarlier this week, I noted that a key legislative committee had approved a bill that would increase penalties for misclassification of workers as independent contractors. Yesterday, Attorney General Richard Blumenthal gave some more details to those changes in a press conference in announcing the recommendations of the Joint Enforcement Commission on Employee Misclassification “A crackdown… Continue Reading
Misclassification Initiatives: How Can Employers Be Prepared; Next Webinar Set
Posted in Laws and Regulations, Wage & HourIt has been widely reported over the last month that the United States Department of Labor is planning some new initiatives to crack down on usage (or abuse) of independent contractors by companies. Several blogs have done a thorough job on reporting about it including the Delaware Employment Law Blog, Point Of Law, Florida Employment… Continue Reading
“Are You My Employee?” Webinar on Independent Contractors and More Now Available for Download
Posted in Human Resources (HR) Compliance, Wage & HourMy sincere thanks to my colleague, Joshua Hawks-Ladds for being the featured speaker today in the continuing monthly webinar series we’ve been doing on hot topics in employment law. This month’s webinar focused on the unintended employment relationship; in other words, everything you wanted to know about temps, independent contractors and even franchisees (and their… Continue Reading
“Are You My Employee?”: Next Webinar Set on Unintentional Employment Relationships
Posted in Human Resources (HR) ComplianceOver several generations now, parents and their kids have been enthralled and entranced with the readings of the classic children’s book – "Are You My Mother?" Put that same question in the employment context and you get the title to the next free webinar I’m producing — entitled "Are You My Employee? Normally, we do… Continue Reading
Quick Hits: EFCA Update; Racial Harassment, Strategic Economic Planning Document,, Non-Compete Agreements, New ADA Regulations
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, LitigationIt’s been a busy week. The ABA Journal’s Legal Rebels project stopped by for a visit yesterday. We talked about the blog and how attorneys and clients can really take advantage of technology. (We also talked about bar association activities; my public thanks to all the people on the various task forces and committees as… Continue Reading
Second Circuit: Employers May be Liable for Discrimination By Third Parties
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationEarlier today, I was fortunate to hear Second Circuit Judge Guido Calabresi speak at a Connecticut Bar Association Young Lawyers Section event as the 2009 Distringuished Speaker Award. He can weave a great story and mixed telling us tales of his interactions between Justices Sotomayor and Roberts, and of working for a United States Supreme Court … Continue Reading
Report Focuses On Companies That Fail to Pay Employee Taxes…and the Consequences
Posted in Human Resources (HR) Compliance, Laws and RegulationsOver the weekend, the Hartford Business Journal published a revealing look at Connecticut’s efforts to crackdown on companies that avoid paying employee taxes and workers’ compensation insurance. Indeed, according to the published report, the state’s efforts resulted in 220 stop-work orders at construction sites across Connecticut. But the report goes on to contend that "a… Continue Reading
Update: District Court Throws Out Wrestlers’ Lawsuit Against WWE (Again)
Posted in Class Actions, Litigation, Wage & HourBack in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors. The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure of… Continue Reading
WWE Lawsuit Update: Raven and Wrestlers File Response to WWE’s Motion to Dismiss
Posted in Class Actions, Litigation, Wage & HourMany weeks after the WWE filed its motion to dismiss the lawsuit brought by three former WWE wrestlers ("Raven" and "Kanyon" and others — otherwise known as Scott Levy, Chris Klucsartis and Michael Sanders ), the wrestlers have fired back filing their papers opposing WWE’s motion. (For full coverage of this lawsuit, click here.) The papers, filed… Continue Reading
Quick Updates: Reuters Article on More Lawsuits, WWE and Wrestlers Lawsuit, Performance Reviews, National Bank Act, Veteran’s Day
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourHere’s a quick update on some items and topics that have been covered by the blog over the past year: Earlier this week, I raised the issue of whether the rising unemployment rate would also lead to more employment lawsuits. Reuters yesterday released a very good and balanced article on the subject. I shared my… Continue Reading
WWE Lawsuit Update: What You Need to Know
Posted in LitigationMy post on the WWE lawsuit involving three former wrestlers known as Raven, Kanyon and Mike Sanders has drawn extraordinary interest. (Although I used to follow things when I was younger — Jimmy "Superfly" Snuka was among my favorites — I must say I haven’t followed it closely lately.) But along with the interest, I’ve seen rampant speculation… Continue Reading
WWE Lawsuit Update: WWE Files Motion to Dismiss and Discloses Booking Contracts of Wrestlers
Posted in LitigationUPDATE 10/8/08 – I have posted a FAQ on the lawsuit this morning due to the extraordinary interest in this subject. You can find it here. UPDATE 10/7/08 – Welcome various wrestling fans (who are visiting by the thousands this morning)! The links to the contracts are below. One note to clarify some of the reports… Continue Reading
Quick Takes: Followup on Wrestler Lawsuit; Guest Post on Train Jumping,
Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments, LitigationWith lots of little things going up, it’s time to followup on a few topics we’ve covered in the last few days and some other notable posts from around the web. First up, my post on the WWE Wrestlers was picked up by Above The Law editors yesterday. Today, the American Lawyer does a little story… Continue Reading
Wrestlers Claim They Are Employees, not Independent Contractors In Suit Against WWE
Posted in LitigationAs I’ve cross-posted over at Overlawyered.com today, three wrestlers have sued Connecticut-based World Wrestling Entertainment, Inc. (WWE) claiming that they have been improperly classified as "independent contractors" and not employees. On Friday, WWE removed the lawsuit to federal court from state court claiming that federal questions are implicated in what would otherwise seem to be… Continue Reading
February 28th Hearing at the Connecticut Capitol Features Discussion of Labor Bills including Paid Sick Leave
Posted in Legislative DevelopmentsAs I posted yesterday, the Connecticut General Assembly is back in session. The Labor & Public Employees Committee is busy holding hearings this week on various bills now pending before the General Assembly. One batch of bills is up for consideration this afternoon. A second batch is up for a hearing this Thursday at 2:30… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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