Co-employment

Appeals court overturns AB 5 injunction, rules California truckers not ICs

|May 5th, 2021|

A federal appeals court ruled that truck drivers in California should be classified as employees rather than independent contractors, overturning an injunction that stopped the trucking industry from coming under Assembly Bill 5, California’s get-tough law on independent contractor misclassification.
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Regulatory update: Joint employer rule and IC test formally withdrawn

|March 17th, 2021|

The DOL announced proposals to formally withdraw the independent contractor final rule and the regulation determining joint employer status under the FLSA.
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House passes legislation codifying Browning, three-factor IC test

|March 10th, 2021|

The US House of Representatives on Tuesday passed legislation that would affect several aspects of employment law, including independent contractor classification and joint employment.
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Labor union lodges NLRB complaint against Google and staffing provider

|February 10th, 2021|

A union that represents workers of all categories at Google filed a complaint alleging unfair labor practices against a staffing provider, including Google as a joint employer.
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Temp workers and Covid-19 liability

|October 28th, 2020|

Some states adopt different approaches to workers’ compensation coverage issues as they apply to Covid-19. As co-employers, buyers are shielded from further liability when workers’ comp applies.
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Will buyers be on the hook for Covid-19 paid-leave charges?

|September 16th, 2020|

You may have been surprised to see a new charge on a recent staffing invoice: paid sick leave for one or more of your contingent workers. Why you might be obligated to pay.
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NY judge strikes down DOL co-employment rule

|September 16th, 2020|

A federal district court in New York struck down a significant portion of the DOL’s new standard for establishing joint-employer liability under the Fair Labor Standards Act.
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Term limits: Misunderstood role in co-employment — Part 2

|March 4th, 2020|

Co-employment is a factor in many labor laws and is interpreted differently by agencies and courts. An attorney shares a few examples and explains when term limits do make business sense.
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State AGs sue to stop DOL joint-employer rule

|March 4th, 2020|

Attorneys general from 17 states and the District of Columbia filed a lawsuit last week to stop the US Department of Labor’s new joint-employer rule.
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Term limits: Misunderstood role in co-employment

|February 26th, 2020|

Often the most common risk contingent workforce programs want to address is co-employment and a common strategy they turn to is term limits. An employment attorney and co-employment expert reprises his argument that the strategy is flawed.
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