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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law
While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to … Continue reading
Posted in DOL, FLSA, Independent Contractor
| Tagged DOL, Economic Realities Test, Fair Labor Standards Act, Independent Contractor
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Corporate Function — Not Corporate Formality — Determines FLSA Status
The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., … Continue reading
Posted in DOL, FLSA
| Tagged Corporate Structure, Department of Labor, Economic Realities Test, Employees, Fair Labor Standards Act, Independent Contractor, Tenth Circuit
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