Most people assume FLSA retaliation claims start and end with the employer on the worker’s W-2. Not so. The Ninth Circuit just widened the blast radius. TL;DR: The Ninth Circuit held that a worker who files an FLSA lawsuit against one business can pursue a retaliation claim against a…
Articles Posted in Independent Contractors
🎤 “Star Treatment, Solid Contracts” – Happening Today at Noon!
Whether you’re drafting agreements for a C-suite hire, a high-profile consultant, or a VIP client, there are legal landmines everywhere—from misclassification to IP disputes. Today, we’re tackling them all. TL;DR: Join me and attorney Merlyne Jean-Louis for a free Zoom session at 12 PM ET today—Friday, May 9, 2025—as we…
New DOL Guidance Hits Pause and Rewind on Independent Contractor Crackdown
The Department of Labor just blinked. Again. In its latest move, the agency announced that it’s stepping back from its own 2024 independent contractor rule and reverting to older, more flexible standards. That’s not just a procedural shift—it’s a clear signal that the DOL may be moving away from…
🎤 Upcoming Event: Star Treatment, Solid Contracts: Navigating the VIP Employment Landscape
Working with VIPs can feel like walking a legal tightrope. From influencers to high-profile executives, businesses often face big questions: Are they independent contractors or employees? What must go into their agreements? And how do you protect your intellectual property—and avoid legal headaches? On May 9 at 12 PM ET,…
The Employer Handbook Friday Zoom Happy Hour Returns on Friday, March 8 at Noon ET
The U.S. Department of Labor rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) take effect on March 11, 2024. Has your business procrastinated in preparing for them? If so, do not worry; I’ve got your back. Join me on…
Folks, we have our first lawsuit to try to KO the DOL’s new independent contractor rule
It took less than a week for a group of freelance writers and editors to file this federal court lawsuit to block enforcement of the U.S. Department of Labor’s new independent contractor rules, which I wrote about here last week. If you thought the DOL’s final rule would sail through without…
Join me on Wednesday, January 17, at 1 PM for a webinar on the new DOL Independent Contractor Rules
Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which I wrote about here. This week, I’m co-presenting “Independent Contractor Update – How Am I to Determine if I Am Compliant?”…
Here are five things for employers to know about the DOL’s new independent contractor rule
Yesterday, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). In a nutshell, the final rule applies six factors — none of which is dispositive — to analyze employee or independent…
The DOL is changing its independent contractor rules. Is it a big deal? Or just, meh?
It was bound to happen. Early last year, just before the change in presidential administrations, the U.S. Department of Labor passed a final rule, which amended the regulations interpreting the Fair Labor Standards Act to include some language finally distinguishing independent contractors from employees. I wrote all about it here.…
Boy, that escalated quickly. I mean, that really got out of hand fast.
https://youtu.be/rFeVfwDvTyM Last week, the U.S. Department of Labor’s Wage and Hour Division announced here that its investigation into the bounced payroll checks of 10 construction workers renovating a nursing home found that the employer who issued the bad checks had also denied more than 800 workers overtime wages by misclassifying…