The Second Circuit Court of Appeals recently clarified the transportation worker exemption under § 1 of the Federal Arbitration Act (FAA). The court addressed whether contracts signed by individual delivery drivers, even when they work through their own corporations, count as “contracts of employment” that are exempt from mandatory arbitration. In this instance, the court
Over on my firm’s sister blog, the Employment Law Letter, my colleagues have a post this week about the issuance of final rule on Independent Contractors by the United States Department of Labor.
As they note, the Final Rule establishes “a six-factor test based on the economic reality of the worker and potential
Among the employment law questions that most people ask, I can tell you that “Are strippers independent contractors or employees?” isn’t one of them.
And yet, having posed the question, isn’t there something about it that demands an answer? After all, the employment laws we have should apply to everyone, right?
Employers who want to (or need to) use independent contractors often scratch their heads at a disconnect – how do you determine who is an independent contractor? I recall at one speaking engagement years ago, an employer who came up to me and asked: “So are you saying that there are TWO tests to determining
Back in 2011, I wondered aloud: Might the impact of new arbitration decisions from the U.S. Supreme Court bring about the end to big wage & hour class actions?
At the time, I said it would be premature.
Seven years later – what’s changed?
Well, as it turns out, wage & hour class actions
Are you tired of lawyers commenting already on the new overtime rules?
(The answer should be no, of course, since you’re reading this blog and thus have room for one more view.)
But I think it’s fair to say that we haven’t seen a feeding frenzy
As I return from some time off, my colleagues, Gary Starr and Chris Engler, have dug a bit deeper into the Connecticut Supreme Court decision from last week and issued this alert which we have also sent to clients.
A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator
Late this morning, the Connecticut Supreme Court released one of its most important decisions on employment law in years. I’ve been talking about it prior posts but its decision is a welcome surprise for employers who feared the worst.
Because I’m out of the office for a few days, I’ve asked my colleague Chris Engler
A while back, I got this question: Can we still use independent contractors for our business?
This answer is certainly yes. But you wouldn’t know it from all the headlines of late.
And you wouldn’t think so by the attacks on the use of independent contractors by government agencies. Take this quote from the U.S.
Sharon Palmer, the Commissioner of the Connecticut Department of Labor, will retire at the end of this year, news that was first reported by the CT Mirror website.
According to CT Mirror:
In an interview, she described her decision to retire as driven by age and circumstance, not politics or a consequence of overseeing the