The classification of a worker as an employee or an independent contractor can make a big difference in terms of the worker’s rights and the employer’s obligations. For example, under the Fair Labor Standards Act (the “FLSA”), covered employers must pay their non-exempt employees no less than the then-current federal...
With the holidays in tow and the year nearing its end, many employees may find themselves checking in on how much vacation time or paid time off (PTO) they have left to use or, depending on company policy, carry over to next year. But what if an employee resigns or...
The United States Department of Labor rescinded its 2010 guidance for assessing whether persons qualify as interns rather than employees under the federal Fair Labor Standards Act. Instead, the DOL aligned itself with the so-called “primary beneficiary” standard announced by the Second Circuit in its 2015 Glatt v. Fox Searchlight...
When an employee is involuntarily terminated, hard feelings are likely to arise on both sides, particularly if the employee asserts some claim in connection with the termination. It is therefore common, whether in the context of a general severance agreement or in connection with the settlement of a particular claim,...