Executive Summary: On April 29, 2019, the United States Department of Labor (DOL) released a new opinion letter, FLSA2019-6, examining whether service providers for a virtual marketplace company (VMC) are employees or independent contractors. This opinion letter provides a road map for online brokers of services provided by independent contractors to ensure they are not misclassified as employees. Continue reading
joint employment
What Can Employers Expect in 2019?
Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative developments that may impact employers in 2019. Continue reading
NLRB Proposes Rulemaking to End Rollercoaster of Joint-Employer Decisions
On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking aiming to clarify the joint-employer standard and, as discussed in the NLRB’s September 13th announcement, “foster predictability, consistency and sustainability in the determination of joint-employer status.” The Proposed Rulemaking would put an end to the dizzying twists and turns of recent decisions on the standard for determining when two businesses are joint-employers. Continue reading
On the Clock 