Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

By: Michael Marr.

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several reasons: understanding the elements of the court’s “economic realities” test;  the application of the court’s “economic realities” test; the legal basis for […]

 

Employers Head Into Overtime Preparing for New Wage and Hour Rules

By: Mike DeCamps.

  The long awaited final rule updating the regulations relating to overtime exemptions for executive, administrative and professional employees was published earlier this week on May 17, 2016. Contrary to all the hoopla that was written about this anticipated final rule, the Obama administration did not wait until Labor Day or the Fourth of July […]

 

NLRB Continues to Allow Certain Rude and Aggressive Employee Behavior as Protected Concerted Activity

By: Mike DeCamps.

The National Labor Relations Board continues to scrutinize employer personnel decisions and workplace policies that arguably trigger the protections of § 7 of the National Labor Relations Act. Recall that this section of the Act guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their […]

 

2016 Virginia Employment Law Pocket Guide

By: Mike DeCamps.

Sands Anderson’s Employment Law Team has released the 2016 Virginia Employment Law Pocket Guide. The guide provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not intended to be a comprehensive analysis of the laws and/or their judicial interpretations. The materials in this Pocket Guide reflect the statutes in effect on July […]

 

Employee Misclassification Continues to Make News

By: Michael Marr.

Just last month, GrubHub, DoorDash, and Caviar were sued in San Francisco Superior Court in lawsuits similar to those pending cases against Uber and Lyft. These three new lawsuits ask the hot-button question: are workers in the shared economy employees improperly classified as independent contractors? If the current individuals working for these three shared economy […]

 

Amazon makes a splash and joins the “gig” economy

By: Michael Marr.

Under the name “Amazon Flex“, Amazon has joined Uber and Lyft in the “gig” economy. According to the Amazon website, workers can choose any available 2, 4, and 8 hour blocks of time to work the same day, or set availability for up to 12 hours per day for the future. Like Uber, you can […]