More Pitfalls For Misclassifying Employees | Weintraub Tobin
By Brendan J. Begley
The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an independent contractor, they may be subjected to fines, penalties and other types of liability. Such employers also can be sued by the misclassified employee and potentially liable for unpaid overtime wages (among other things). Additionally, taxing authorities may seek from the employer withholdings that should have been,
Locksmith Locked Out By Communications Decency Act
By James Kachmar
The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against certain claims of liability brought under state law. Last month, the Ninth Circuit again considered the breadth of such immunity in the case, Kimzey v. Yelp!.
As many readers may know, Yelp is a website that allows customers to “rate” their experience with a particular store,
States And Congress Challenge New Overtime Rules
By Lukas Clary
As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back. In late September, 21 states jointly filed a lawsuit in the Eastern District of Texas asking that the court block the DOL from implementing the rules. The same day, a group of over 50 businesses jointly filed a similar lawsuit of their own in the same court.