Two days ago, the Federal Trade Commission (FTC) issued its “Final Rule” banning non-compete clauses in employment. Until now, the FTC never officially declared that such clauses constituted an “unfair method of competition.” The Final Rule seeks to upend centuries of state law governing the use of non-compete clauses in…
The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was…
Employers’ engagement of independent contractors has increased substantially in recent years. Short-term projects and the gig economy have fueled the need for workers, who are not looking (or are unable) to find permanent employment, but otherwise possess critical skills or talents desired by start-up and well-established companies. In light of this reality,…