At the intersection of wage-and-hour and maritime law are the FLSA’s “seaman” exemptions: the exemption from minimum wage and overtime codified at 29 U.S.C. § 213(a)(12) and the overtime exemption codified at 29 U.S.C. § 213(b)(6). These exemptions often are confused or collapsed with the definition of a “seaman” for purposes of the Jones Act, separate federal legislation
Labor
Governor Brown Signs California’s Independent Contractor Misclassification Legislation Into Law
By Noel P. Tripp on
Posted in California
California Governor Jerry Brown recently signed the new law regarding “willful” misclassification of independent contractors under the California Labor Code summarized previously. Further details regarding the enactment of this new law are available at the Jackson Lewis California Workplace Law Blog here.
Ninth Circuit Decision Highlights Concerns With Independent Contractor Classification
By Noel P. Tripp on
Posted in California
In a decision reiterating important independent contractor issues for employers, the Ninth Circuit Court of Appeals last week reversed a lower court decision holding that certain delivery drivers were properly classified as independent contractors under various provisions of the California Labor Code. Narayan v. EGL, Inc., 2010 U.S. App. LEXIS 14279 (9th Cir. July…