Published in the New Hampshire Business Review (10/20/22)
In January 2021, during the final days of the Trump Administration, the Department of Labor issued a new rule regarding the classification of employees and independent contractors for purposes of the federal Fair Labor Standards Act. This rule, viewed by many as being more “employer friendly” than
In an opinion letter dated April 29, 2019, the U.S. Department of Labor (DOL) explained that some service providers working for a virtual marketplace company (VMC) are independent contractors under the Fair Labor Standards Act (FLSA). This opinion letter identifies the test the DOL is expected to use when considering the classification of workers
In what some believe the first federal trial over the classification of this new 21st Century worker, a federal district court found a Grubhub driver an independent contractor rather than an employee. With this determination, the worker did not qualify for protections extended
In October, the EEOC unveiled its four year Strategic Enforcement Plan (SEP). The SEP provides employers insight into areas the EEOC plans to focus on in the coming years. This heads-up plan allows companies to take steps to ensure their businesses are
Upon a motion for preliminary approval of the class-action settlement for $100 million, a federal court found that the settlement between Uber and drivers in two states was “not fair, adequate and reasonable” and denied approval. It ordered the parties to confer about
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The DTSA had passed with overwhelming bipartisan support in the Senate and House. It became effective upon its enactment.
In an area that has long been the province of state law, the DTSA now allows a company to
Unless they have been run out of a cabin in the woods with no internet for the last five years, most businesses are starkly aware of the ongoing efforts by state and federal regulators to find and
