Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Independent Contractor Final Rule (For Now)

The impact of the legal definition of “employee” versus “independent contractor” under the Fair Labor Standard Act (“FLSA”) and other employment laws cannot be understated. The FLSA’s minimum wage and overtime…

Change is In the Air - L&E Under The Biden-Harris Administration

On January 20, 2021, Vice President Joseph R. Biden Jr. will be sworn in as the 46th president of the United States. Whichever side of the political spectrum you fall on, there can be no question that this is going to…

California Court Says Uber and Lyft Drivers Are Employees, Not Contractors

Uber and Lyft may be longing, ironically enough, for the days when COVID-19 was the most immediate existential threat to their businesses. But now a California court has ruled that Uber and Lyft cannot classify their…

DOL Adopts Two Significant Changes to “Modernize” Overtime

First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work,…

NYS Enacts COVID-19 Paid Sick Leave Legislation—Effective Immediately

Not to be upstaged by the President, and just as the Senate was voting on the Families First Coronavirus Response Act of 2020 (“FFRCA”), New York State Governor Andrew Cuomo signed into law paid sick leave legislation…