Are you still using "independent contractors"? Get out of here - you know they're really employees!

On Wednesday, I did a very short "breaking news" post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are "employees" versus "independent contractors" under the Fair Labor Standards Act.

Here's more.

As employers probably ...

Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the "independent contractor versus employee" issue, taking the position that most workers are actually employees within the meaning of the Fair Labor Standards Act.

We'll have more on this after we've had an opportunity to review it in more depth. Meanwhile, here is the Memorandum

NOTE: On January 15, this post was updated and one correction made (see "Nipped in the bud" and "Jury clobbers Catholic diocese," below). 

Happy New Year, everyone! While I've been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy:

WAGE AND HOUR

Twenty states raised ...

I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.

The weather outside is frightful, but the fire's so delightful!

Our first case involves a type of harassment ...