New York City Law Blog

The U.S. Department of Labor Wage and Hour Division recently issued a field assistance bulletin (FAB) entitled "Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver." While the bulletin focuses on nurses and other caregivers, it provides valuable insight into the proper classification of workers and independent contractors regardless of industry. It also indicates that the DOL will consider the totality of the circumstances when determining whether a worker should be considered an employee or an independent contractor.

The question of whether a worker is an employee or an independent contractor is a legal one. Courts generally rely on a multifactor test to make this determination, with the most commonly discussed factor being whether the company or the worker controls the details and performance of the work. The more that a company controls the work, the more likely the courts will deem that worker to be an employee.

The New York attorney general, along with attorneys general from nine other states, are investigating so-called "no poaching" agreements between franchisees. These agreements prevent one franchise location from hiring employees already in the same chain.

The agreements, which are included in franchise contracts, are not always visible to employees, so employees may not be aware that a transfer to another location is prohibited.

If you're an employer covered by the federal Family and Medical Leave Act, you probably know that employees are entitled to up to 12 weeks of unpaid leave in a single 12-month period (16 weeks when caring for a military family member). The way you calculate that 12-month period can affect how much continuous leave the employee can receive, along with the cost of administration.

There are four calculation methods to choose from. All of them are legal, although you must be consistent. The FMLA year can be calculated based upon:

Shareholders of startups and closely held corporations often tie their livelihoods to the success of the company. In many cases, these shareholders may not take a salary or any distributions from the company, giving judgment debtors fewer avenues to collect.

When a debtor has no wages to garnish and no money in a personal bank account to seize, a creditor may wonder, "How can it be so difficult to collect from the CEO of a successful company?"