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The e-mail platform that we use to ship out our authorized bulletins had points up to now week, which we didn’t uncover till late Wednesday. Whereas the technical difficulties had been occurring, we printed two bulletins, however now we’re undecided that they made it to all people.
Because the weblog makes use of a unique e-mail platform, I am hoping you may get right now’s weblog e-mail. And I am linking to these two bulletins right here, since you will not wish to miss them. We hope our bulletin e-mail platform will probably be again up and totally practical quickly.
“Impartial contractor,” or “worker”? On January 10, our Wage and Hour Observe Heads Jim Coleman and Ellen Kearns had a bulletin in regards to the new impartial contractor rules that had been issued on January 9 by the U.S. Division of Labor. I hope you all acquired that one. However this week, throughout the e-mail glitch, Ellen had a extra detailed follow-up, during which she coated the six non-exclusive elements that the DOL will think about in figuring out whether or not a employee is an “worker” or an “impartial contractor” for functions of the Honest Labor Requirements Act. The short and soiled is that the brand new rules will make it tougher for companies to say that employees are “impartial contractors.” The rules will take impact March 11 until a authorized problem stops them. (Ellen additionally has the data about two of these challenges.)
NY pay frequency legislation: An appellate break up. And final Friday, Tim Barbetta and Jason Friedman had a bulletin that may curiosity employers who’ve staff in New York. Beneath New York State legislation, handbook employees should be paid each week — not each two weeks, and never twice a month. (Do not even take into consideration month-to-month.) In 2019, a state appellate courtroom held that staff might sue their employers beneath the legislation in the event that they had been paid much less steadily than each week. Even when they acquired all their pay. As you may count on, the outcome was a deluge of sophistication motion lawsuits towards employers.
However two weeks in the past, a unique state appellate courtroom mentioned that staff cannot sue primarily based on pay frequency, assuming the workers did get all of the pay that was coming to them. So now the New York appellate courts are break up, and the problem could go to the New York Court docket of Appeals, which is the state’s highest courtroom. In the meantime, Democratic Gov. Kathy Hochul’s Govt Funds Proposal for Fiscal 12 months 2025 features a provision saying that employers will not be accountable for liquidated damages beneath the legislation simply because they paid their handbook employees much less usually than each week, supplied that the employees do receives a commission and that the frequency of pay is at the least semi-monthly.
However do not take my phrase for it! Recover from to our web site and skim the bulletins — you will not be sorry! Listed below are the hyperlinks once more:
Impartial Contractor Rule: The 6 “financial actuality” elements
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