Alternative Work Forces & Independent Contractors

By Amy Abeloff and Ken Wilton

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed commercials) last weekend, we saw new collaborations between celebrities and brands. Similar to celebrity-filled ads, collaborative relationships between

Continue Reading Avoiding Fumbles and Penalties in California with Influencer Classification

By Andrew M. McKinley and Kyle D. Winnick

Seyfarth Synopsis:  This week the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final Rule jettisons an earlier attempt under the prior Administration to modernize and simplify how to determine who is

Continue Reading Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen

Three engineers

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective on August 3, 2015.

Confined spaces can be loosely defined
Continue Reading OSHA Final Rule for Confined Spaces in the Construction Industry

By Johanna T. Wise and Andrew J. Masak

Every day new stories about the uses (and misuses) of drones surface in the media.

They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor pipelines in remote areas of the world, and take pictures for realtors.  One drone even famously crashed on
Continue Reading Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance

By: Giselle Donado, Kevin A. Fritz, and Jason J. Englund

An Illinois state law directed at preventing the misclassification of construction employees as independent contractors remains intact after the US Supreme Court declined to consider a roofing company’s challenge to the 2008 law.

Illinois Employee Classification Act

The Illinois Employee Classification Act imposes substantial penalties for the misclassification
Continue Reading U.S. Supreme Court Passes on Review of Illinois Employee Classification Act, Leaving Statute Intact as “Constructed”

By Laura J. Maechtlen

As we blogged earlier this week, here is the continuation of our “Top Ten” flex work issues and tips on how to solve them:

Issue Six:   How To Fulfill Posting Requirements

Federal, state and local laws require employers to conspicuously display certain posters in the workplace, where they can be read by employees and job
Continue Reading To Flex, or not to Flex – Top Issues Related To Flexible Workplace Arrangements (And Their Legal Compliance Solutions) (Pt. II)

By Laura J. Maechtlen

Many employers are exploring the idea of flexible work environments; indeed, some would argue that they are the “future” of the modern workplace.  The reasons are obvious:  technological advances, an increased millennial population, demands for work-life balance from employees, and an ever-competitive global marketplace, require corporate America to re-think methods and manner of performing work.   

Continue Reading To Flex, or not to Flex – Top Issues Related To Flexible Workplace Arrangements (And Their Legal Compliance Solutions)