The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background

Libby Henninger authored this article outlining focus areas for employers reviewing compensation policies and practices.

Food & Beverage Magazine

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Rhode Island has joined the growing ranks of states that have enacted a sweeping pay equity statute. The Rhode Island law, which takes effect on January 1, 2023, amends the Rhode Island Equal Pay Law and places significant new burdens on both large and small businesses. The law seeks to “combat wage discrimination” by “strengthening and closing gaps in existing wage discrimination laws,” and does so by imposing new requirements on employers and essentially deems employers “guilty until proven innocent” when it comes to wage disparities. 

Jeff Nowak offers advice to employers on the DOL’s announcement that it will ramp up Family and Medical Leave Act (FMLA), as well as wage and hour, audits.

SHRM Online

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Jim Paretti weighs in on the many legal questions raised by a new law in New York City that will ban employers from using AI tools in hiring unless they're annually audited.

Law.com

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David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

Government Executive

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Aki Tanaka talks about how the monthly average working hour per employee went down in Japan after the country started implementing a law limiting overtime in 2018.

SHRM Online

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New York is postponing its AI bias law’s effective date, and Eli Freedberg says there really was no way that companies could have gotten compliant in time because of all the uncertainty still surrounding the law.

Law360 Employment Authority

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Jim Paretti offers advice on the EEOC's latest warning about AI bias in hiring, which may prompt employers to conduct AI audits, either done internally or with independent third parties.

TechTarget

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A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

(November 16, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Colombia, Portugal, Puerto Rico and Spain offices have been recognized in the 2024 edition of Best Lawyers^®.

The individual attorneys that were recognized include the following:

MEXICO (December 7, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Mexico offices have been recognized in the 2024 edition of Best Lawyers^®.

The individual attorneys that were acknowledged include:

NEW HAVEN, Conn. (January 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed Paula Anthony as office managing shareholder (OMS) of the firm’s New Haven, Connecticut office, effective January 1, 2024. Anthony succeeds Lori Alexander who will be stepping down to continue to focus on her full-time litigation and advice practice.

(January 10, 2024) – Littler, the world’s largest employment and labor law practice representing management, has released its Inclusion, Equity and Diversity (IE&D) C-Suite Survey Report, completed by more than 320 C-suite executives across the United States.

PORTLAND, Ore. (January 9, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Lisa P. Shevlin as a shareholder in its Portland, Oregon office. Shevlin joins from Lewis Brisbois Bisgaard & Smith LLP with wide-ranging experience as an employment law advisor and litigator.

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system

Update: On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, reforming the liability guidelines under the Illinois Biometric Information Privacy Act.

CHICAGO (April 11, 2024) – Today, the Illinois Senate passed SB 2979, which would reform the liability guidelines under the state’s Biometric Information Privacy Act (BIPA). The bill marks an important milestone in the broader effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have posed a threat to businesses that capture biometric information.

(May 30, 2024) – Littler, the world’s largest employment and labor law practice representing management, has been selected as one of the “Best Law Firms for Women and Diversity” for the 15th time by Seramount, a professional services and research firm dedicated to advancing inclusion, equity and diversity (IE&D) in the workplace for over four decades. Seramount annually surveys law firms to assess how they utilize best practices to recruit, retain, develop and advance lawyers who are women, people of color and those from underrepresented groups.

(June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers^® in France, Germany, Italy and the United Kingdom.

The individual attorneys that were listed include the following:

(August 15, 2024) – More than 240 lawyers  from Littler, the world’s largest employment and labor law practice representing management, have been included in the 31st edition of The Best Lawyers in America^® guide.

(August 22, 2024) – Littler, the world’s largest employment and labour law practice representing management, and its attorneys in several Latin American offices have once again been recognized by Chambers and Partners in the Chambers Latin America 2025 guide.

Littler’s Colombia and Costa Rica offices earned a Band 1 ranking for Labour & Employment and its Mexico, Puerto Rico and Venezuela offices received band rankings in the same practice area.

In addition, the following attorneys were named as leaders in the field for the Labour & Employment practice area:

TORONTO (August 29, 2024) – Littler, the world’s largest employment and labour law practice representing management, is pleased to announce that three of its attorneys have been featured in the 2025 edition of The Best Lawyers in Canada™ in Labour and Employment Law.

The attorneys included in this year’s edition were:

Amid election uncertainty, employers face challenges that include a growing skills gap, an increasingly active labor movement, and legal complexity around corporate diversity efforts

Survey also reveals significant misalignment among top executives, posing challenges for effective AI risk management

Littler, the world’s largest employment and labor law practice representing management, has released its 2024 AI C-Suite Survey Report, completed by more than 330 C-suite executives across the United States.

(October 2, 2024) – For the seventh consecutive year, Littler, the world’s largest employment and labor law practice representing management, has achieved 2023-2024 Mansfield Certification Plus status through Diversity Lab. This year-long, structured certification process confirms that all talent at participating law firms have fair and equal opportunities to advance into leadership. To achieve “Plus” designation, firms voluntarily provide data showing their progress and the outcomes of their efforts to broaden talent pools and increase visibility of advancement processes.

NEW YORK (October 9, 2024) – Littler attorney Michael Paglialonga testified before the New York City Council’s Committee on Consumer and Worker Protection today on behalf of Littler’s Workplace Policy Institute^® (WPI^®), the firm’s government relations and public policy arm.

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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Brendan Fitzgerald explains why directors must understand their company's workforce risks and devise strategies to minimize potential business disruptions.

Directors & Boards

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The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO.

A bill introducing a right to bereavement leave was submitted this summer in the Netherlands. The following is a brief outline of this proposal.   

Current Law

(November 7, 2024) – For the 15th consecutive year Littler, the world’s largest employment and labor law practice representing management, has achieved “National Tier 1” rankings for the following practice areas in the 15th edition of Best Law Firms^®, ranked by Best Lawyers^®:

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime pay under the Fair Labor Standards Act (FLSA).  

Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

Wolters Kluwer

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Niloy Ray talks about the proposed AI regulations from the California Privacy Protection Agency and what all HR professionals should consider about AI and compliance. 

HR Brew

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Scott Forman gives his predictions for legal technology and data analytics tools, especially towards generative AI point solutions, in 2024.

Legaltech News

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