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In case you missed it . . . : Employment & Labor Insider

The e-mail platform that we use to ship out our authorized bulletins had points previously 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 everyone.

Because the weblog makes use of a unique electronic mail platform, I am hoping you will get at the moment’s weblog electronic mail. And I am linking to these two bulletins right here, since you will not wish to miss them. We hope our bulletin electronic mail platform might be again up and absolutely useful quickly.

“Impartial contractor,” or “worker”? On January 10, our Wage and Hour Apply 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, in the course of the electronic mail glitch, Ellen had a extra detailed follow-up, wherein she coated the six non-exclusive components that the DOL will take into account in figuring out whether or not a employee is an “worker” or an “impartial contractor” for functions of the Truthful 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 except a authorized problem stops them. (Ellen additionally has the information about two of these challenges.)

NY pay frequency legislation: An appellate cut up. And final Friday, Tim Barbetta and Jason Friedman had a bulletin that can curiosity employers who’ve workers in New York. Underneath New York State legislation, handbook employees must 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 workers may sue their employers underneath the legislation in the event that they had been paid much less ceaselessly than each week. Even when they acquired all their pay. As you would possibly anticipate, the consequence was a deluge of sophistication motion lawsuits in opposition to employers.

However two weeks in the past, a unique state appellate courtroom stated that workers cannot sue primarily based on pay frequency, assuming the staff did get all of the pay that was coming to them. So now the New York appellate courts are cut up, and the difficulty 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 Government Price range Proposal for Fiscal 12 months 2025 features a provision saying that employers usually are not responsible for liquidated damages underneath the legislation simply because they paid their handbook employees much less typically than each week, supplied that the employees do receives a commission and that the frequency of pay is at the very 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 here are the hyperlinks once more:

Impartial Contractor Rule: The 6 “financial actuality” components

NY appeals courtroom says handbook employees cannot sue for being paid biweekly moderately than weekly

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