The e-mail platform that we use to ship out our authorized bulletins had points prior to now week, which we didn’t uncover till late Wednesday. Whereas the technical difficulties have been occurring, we revealed two bulletins, however now we’re unsure that they made it to all people.

For the reason that weblog makes use of a special e mail platform, I am hoping you may get at present’s weblog e mail. And I am linking to these two bulletins right here, since you will not wish to miss them. We hope our bulletin e mail platform shall be again up and absolutely purposeful quickly.

“Impartial contractor,” or “worker”? On January 10, our Wage and Hour Follow Heads Jim Coleman and Ellen Kearns had a bulletin in regards to the new unbiased contractor rules that have been issued on January 9 by the U.S. Division of Labor. I hope you all received that one. However this week, in the course of the e 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 “unbiased 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 assert that employees are “unbiased contractors.” The rules will take impact March 11 until 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 staff in New York. Below New York State legislation, handbook employees should 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 court docket held that staff may sue their employers beneath the legislation in the event that they have been paid much less often than each week. Even when they received all their pay. As you may anticipate, the end result was a deluge of sophistication motion lawsuits in opposition to employers.

However two weeks in the past, a special state appellate court docket stated that staff 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 problem could go to the New York Court docket of Appeals, which is the state’s highest court docket. In the meantime, Democratic Gov. Kathy Hochul’s Govt Funds Proposal for Fiscal 12 months 2025 features a provision saying that employers aren’t responsible for liquidated damages beneath the legislation simply because they paid their handbook employees much less typically than each week, offered that the employees do receives a commission and that the frequency of pay is a minimum of 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 court docket says handbook employees cannot sue for being paid biweekly somewhat than weekly