On January 6, 2021, the Department of Labor (DOL) announced its final rule seeking to make it easier to classify workers as independent contractors. The distinction is not without difference, as the federal Fair Labor Standards Act (FLSA) and many of its state analogues only protect employees, but do not extend to independent contractors – including many gig economy workers. However, as made clear by the new rule, merely identifying a worker as an “independent contractor” does not mean the employer is off the hook.
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Amanda E. Quinlan
Better Classification for our Economic Reality
By Amanda E. Quinlan on
The Department of Labor (DOL) has proposed a rule that seeks to make it easier to classify workers as independent contractors. The distinction is not without difference, as the federal Fair Labor Standards Act (FLSA) and many of its state analogues only protect employees, but do not extend to independent contractors – including many gig economy workers. However, as made clear by the proposed rule, merely identifying a worker as an “independent contractor” does not mean the employer is off the hook.
Continue Reading Better Classification for our Economic Reality
Breastfeeding Case Heads to a New Hampshire Jury
By Amanda E. Quinlan on
Posted in New Hampshire, Pregnancy
According to a New Hampshire judge, “It is at least a jury question whether as plaintiff alleges, ‘public policy encourages a mother to breastfeed her child, particularly where breastfeeding is imperative for the child’s health.’” For this reason, the court denied an employer’s motion to dismiss a New Hampshire woman’s wrongful discharge case after she asked her employer to allow her to breastfeed her newborn son during the workday. Plaintiff Kate Frederick will now have her case heard before a jury in September 2019.
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