Within his first few months of taking office, Wisconsin Governor Tony Evers has signaled a strong and clear focus on employers that have misclassified workers as independent contractors.
On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks.
On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an important decision involving whether contract workers in the oil patch were entitled to overtime.
Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court recently held that a transportation matching service properly classified a driver as an independent contractor.
The Third Circuit recently held that the FAAAA does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit claiming they were misclassified as independent contractors.
As the independent contractor versus employee status debate evolves across the U.S. through legislation, court decisions, and agency enforcement actions, the NLRB clarified its standard on January 25, 2019 in SuperShuttle DFW, Inc.
While the partial shutdown has kept Congress at an impasse, it should be business as usual at the state and local levels in January. It is a safe bet that many of the 2018 issues that served as midterm election talking points will reemerge.
This month's State of the States will provide an overview of select voter-approved state and local ballot initiatives that affect employment, and discuss other legislative efforts that made headway in November.
