On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.
In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was therefore owed damages.
On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National Labor Relations Act.
An Alberta court used the oppression remedy to hold corporate directors personally liable for damages for wrongful dismissal after they transferred the corporate assets, ceased operations, and incorporated a new entity to provide the same service.
A New York state court recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act. The case involved two plaintiffs – a photography business and a model – suing a high-end fashion label.
On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors.
On July 19, 2022, the FTC and NLRB signed a four-page Memorandum of Understanding (MOU) regarding information sharing, cross-agency training, and outreach in areas of common regulatory interest, focusing on the “gig economy.”
On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.
It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliance challenges. For the past several years, we have reported on employment and labor laws taking effect mid-year.
