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WPI Report
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April 5, 2016

Workplace Policy Institute Insider Report — April 2016

This month's edition of WPI's Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those efforts, and state bills and ordinances that have advanced.

ASAP
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March 24, 2016

Michigan Franchisors Not Joint Employers of Employees of Franchisees Absent Agreement

Michigan recently amended state law to make it clear that unless otherwise specifically provided for in the franchise agreement, a franchisee is considered the sole employer of workers to whom it pays wages or provides a benefit plan.

ASAP
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January 27, 2016

DOL to Revive Survey to Assess Members of "Gig" Economy

The changing nature of employment, including the move to more online-based commerce, has increased the number of on-demand or "gig" workers. The DOL now seeks an official government record of these workers.

ASAP
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January 20, 2016

DOL Issues Guidance on Joint Employment under FLSA

The Department of Labor's Wage & Hour Division has issued an Administrator's Interpretation establishing new standards for determining joint employment under the FLSA and the MSPA.

Insight
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December 16, 2015

Oregon Supreme Court Case Reminds Businesses about the Complexity of Independent Contractor Classification

A recent decision by the Oregon Supreme Court demonstrates that classifying workers as either employees or independent contractors can be complicated and difficult.

ASAP
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September 10, 2015

Bill Seeks to Overturn NLRB's New Joint Employment Standard

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris.

Insight
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August 28, 2015

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc.

ASAP
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July 29, 2015

Lawmakers Introduce Worker Misclassification Legislation

Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker misclassification.

Insight
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July 22, 2015

How Broad is Broad? New DOL Guidance Determines "Most Workers Are Employees"

In a move that is expected to have far-reaching consequences for employers, the U.S. Department of Labor issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act.

ASAP
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July 13, 2015

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

A federal district court judge has held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA).

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