Punching In: DOL’s Rare Moment in 9th Cir. Employee Status Case

Oct. 4, 2021, 10:18 AM UTC

Monday morning musings for workplace watchers

‘Willful Conduct’ Benchmark? | ‘Green’ Union Jobs

Ben Penn: Oral arguments that begin Tuesday before the Ninth Circuit in San Francisco will mark a rare moment for the U.S. Department of Labor.

It’s not often that the department’s Office of the Solicitor presents oral argument before an appellate panel on a Fair Labor Standards Act case, let alone on the most contentious topic in wage-hour law: whether a worker is an employee or an independent contractor. Even more uncommon is for that to happen during an administration’s first year, before it’s fully ...

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