Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws and Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Update: 1st Circuit Denies FedEx Drivers’ Petition to Reconsider Decision that FAAAA Preempts the Massachusetts Independent Contractor Statute

April 28th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, Independent Contractor, Laws and Regulations, Wage & Hour|

Last month, Alexis P. Theriault wrote about the First Circuit’s decision in Schwann v. FedEx Ground Package System, Inc. In Schwann, the First Circuit held that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts a portion of the Massachusetts independent contractor statute, thereby making it easier for delivery services – like FedEx – to

A Chink in the Armor of the Massachusetts Independent Contractor Law

March 17th, 2016|Categories: Alexis P. Theriault, Independent Contractor, Laws and Regulations, Wage & Hour|

Massachusetts has one of the most employee-friendly independent contractor laws in the country, creating a heavy presumption of employee status. For a refresher on the law and whether a worker should be classified as an employee or an independent contractor, you should refer to Johanna Matloff’s and Adam Santeusanio’s detailed discussion of the Massachusetts Independent

Classifying Individuals as Independent Contractors or Employees

November 4th, 2015|Categories: Adam M. Santeusanio, Human Resources Compliance, Independent Contractor, Johanna Matloff, Labor Law & NLRB, Laws and Regulations, Wage & Hour|

Introduction Most employers will, at some point, have occasion to consider whether an individual who performs services for the employer is an “independent contractor” or an “employee.” How an employer classifies an individual is crucial to the employer’s compliance with wage and hour laws, discrimination statutes, workers’ compensation requirements, mandatory affirmative action programs, and a

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