Death Knell for Uber Next June?

A federal judge in California has set June 20, 2016, as the date to hear a class-action lawsuit challenging ride-sharing service Uber and its driver classification as independent contractors. The lawsuit seeks full employee status with wages, overtime and other labor law rights for Uber drivers who haven’t signed a waiver. The case, O’Connor v. Uber, […]

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Amazon Prime Now Drivers Sue Over Wage and Status Issues

Four former drivers for Amazon’s Prime Now one-hour delivery service have filed suit against the Seattle company, alleging misuse of the independent contractor designation and demanding full pay and overtime privileges under the Fair Labor Standards Act (FLSA). “Amazon’s mission to deliver ‘Now’ at no additional cost to its customers is being funded by the […]

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That Was Quick: SCOTUS Denies Home Care Assn. Appeal

Shortly after receiving an appeal from the Home Care Association of America about the rule from the Department of Labor (DOL) extending overtime and minimum wage protections to home care workers associated with third-party employers, U.S. Chief Justice John Roberts said no. Not only did he say no, but he said it with no explanation. […]

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California Protects NFL Cheerleaders’ Wage and Overtime Rights

The San Diego Chargers of the National Football League (NFL) reportedly pay their cheerleaders $75 per game and nothing for rehearsal time, but that will stop in January when a new California law will force teams to adhere to state and federal labor laws regarding minimum wage and overtime. Already, four teams have lost court […]

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DOL Delays Enforcement of Home Care Worker Wage and Overtime Rule

The Department of Labor (DOL) Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to home care workers employed by third-party providers, had an effective date of Jan. 1, 2015. The department has not begun enforcement of the Final Rule both because of its previously announced time-limited non-enforcement policy and because it […]

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NLRB Rules Individual Filing a Lawsuit Is ‘Protected, Concerted Activity’

The National Labor Relations Board (NLRB), with a 2-1 majority, ruled this past week that a lone employee filing a lawsuit that seeks class action status is engaging in “protected, concerted activity,” and thus that person’s subsequent termination was illegal. The two affirming members wrote: [T]he Board has never been squarely presented with the question […]

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DOL Ratchets Up Campaign Against Independent Contractor Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today issued another broadside against employer misuse of the independent contractor job status to avoid the responsibilities of labeling and treating a worker as an employee. WHD administrator David Weil issued an interpretation titled “The Application of the Fair Labor Standards Act’s ‘Suffer or […]

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Obama Overtime Rule Published, Public Comments Close on Sept. 4

The Department of Labor (DOL) and its Wage and Hour Division (WHD) today published their proposed new overtime rules in the Federal Register, opening a public commentary period that will close 60 days after publication, on Sept. 4. As announced last week by President Obama, the rule would set the threshold for exempt employee status at a salary of […]

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Unanimous Supreme Court Rules in Favor of DOL Interpretive Rule

The Supreme Court has ruled that federal agencies may issue initial and amended interpretive rules without advance notice and without soliciting commentary from interested parties. The case was Perez v. Mortgage Bankers Association (MBA). Thomas Perez is secretary of the Department of Labor (DOL), and at issue was his agency’s abrupt switch from previous interpretations […]

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DOL’s Home Health Care Worker Rule Truncated Even More

Following its decision in December that vacated a rule by the Department of Labor (DOL) to force third-party employers to pay home health care workers minimum wages and overtime, the District Court for the District of Columbia yesterday threw out Section 552.6 of the same rule, which sought to narrow the definition of “companionship services” […]

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