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Sixth Circuit: Off-Duty Law Enforcement Misclassified as Independent Contractors

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February 12, 2019

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In Acosta v. Off Duty Policy Services, Inc., the Sixth Circuit applied the six-factor “economic reality” test to determine whether off-duty officers were misclassified as independent contractors for purposes of the Fair Labor Standards Act (FLSA). There, the employer provided private security services using off-duty, sworn police officers, as well as nonsworn workers. The workers were allowed to accept or reject work assignments, were provided basic equipment, but had to supply their own vehicles and uniforms. The sworn officers typically wore their officer uniforms and used their patrol vehicles, while the nonsworn workers had to use their own police-style vehicle.

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California: New Bills on Background Checks, Overtime Exemptions, and More

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All Employers with CA Employees in Education or Law Enforcement

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January 1, 2018

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Gov. Brown recently signed a number of new bills that will impact a variety of employment practices, including background check requirements in certain industries, overtime exemption standards, and requirements for obtaining teaching credentials.  A summary of the new bills are as follows: