February 2019 - Kastner Westman & Wilkins, LLC

NLRB Overturns Obama-era Independent Contractor Standard

The National Labor Relations Board’s (the “Board”) recent ruling in SuperShuttle DFW, Inc. overturned Obama-era precedent and declared the Board’s return to its long-standing independent-contractor standard. In doing so, the Board provided a benefit to employers...

Department of Labor Outlines New Enforcement Position on “Side Work” and the FLSA’s Tip Credit

In a welcome development for employers in the hospitality industry, the U.S. Department of Labor (“DOL”) recently issued Field Assistance Bulletin 2019-2 (“Bulletin”), which provides Wage and Hour Division (“WHD”) investigators with guidance on enforcement positions...

Misclassifying Independent Contractors in Today’s “Modern Economy”

The United States Court of Appeals for the Sixth Circuit, which encompasses Ohio, recently issued an opinion that should serve as a cautionary tale for employers who classify workers as independent contractors rather than employees. In Acosta v. Off Duty Police...

Partial Government Shutdown Delays Deadline to Submit EEO-1 Report

Due to the partial government shutdown, the U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that the deadline to submit 2018 Employer Information Reports (EEO-1 Reports) will be extended to May 31, 2019. According to the EEOC, the EEO-1 filing...

NLRB Overturns Obama-era Independent Contractor Standard

Department of Labor Outlines New Enforcement Position on “Side Work” and the FLSA’s Tip Credit

Misclassifying Independent Contractors in Today’s “Modern Economy”

Partial Government Shutdown Delays Deadline to Submit EEO-1 Report

Recent Posts

Archives

Akron Office

Cleveland Office