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Understanding Independent Contractor Misclassification: The DOL’s Latest Enforcement Signals a Shift
DOL Bulletin Resets the Standard for Independent Contractor Misclassification On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2025-1, which provides new guidance regarding how the WHD is to classify employees and independent contractors under the Fair Labor Standards Act (FLSA). In a Departure from prior guidance impacting independent contractor misclassification, the WHD announced it will no…
AI in Legal Exams Controversy Over California Bar Exam Sparks Debate
To save money and allow remote testing, the California State Bar created an exam rather than rely on the questions from the National Conference of Bar Examiners (“NCBE”), as it had done for over 50 years. The transition from a national exam format to a state-developed one was ripe with technical problems, typos, and poorly written questions. Some test-takers reported that multiple-choice questions had more than one correct answer or…
Crypto Whistleblowers and the Unicoin SEC Lawsuit: A Case of Alleged Fraud in the Digital Asset Space
Unicoin and the SEC: A Case of Alleged Crypto Fraud On May 20, 2025, the Securities and Exchange Commission (SEC) commenced a lawsuit against Unicoin, Inc., alleging that the crypto company made fraudulent and misleading statements in connection with the sale and offering of securities called “Unicoin Rights Certificates,” which gave crypto investors the right to receive Unicoin tokens if and when the company decided to produce and distribute the…
PUMP Act Violations Continue Two Years Later
In 2010, an amendment was introduced to the Fair Labor Standards Act (“FLSA”) that added provisions to require employers to provide reasonable break time and a clean, private place for nursing mothers to express milk for one year after their child’s birth (the “reasonable break requirement”). On December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) was signed into law as part of the Consolidated Appropriate…
FINRA Forward: What It Means for Investors
The Financial Industry Regulatory Authority (FINRA) is a not-for-profit self-regulatory organization which protects the integrity of the market and protects investors, specifically for member brokerage firms doing business in the United States. FINRA creates and enforces rules, educates the public, and registers and trains broker-dealer personnel. On April 21, 2025, FINRA launched a new initiative entitled “FINRA Forward,” which is aimed at modernizing its regulations, improving member firm compliance, and…
Supreme Court Clarifies Burden of Proof in ERISA Prohibited Transaction Claims
Supreme Court Issues Landmark ERISA Decision in Cunningham v. Cornell On April 17, 2025, the United States Supreme Court issued its long-awaited decision in Cunningham et al. v. Cornell University et al., case number 23-1007. The Court reversed the Second Circuit’s prior ruling and held that plaintiffs asserting claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) for prohibited transactions are not required to plead the inapplicability of…
Why an SEC Whistleblower Lawyer Matters: $6 Million Award Highlights Program’s Power
SEC Whistleblower Lawyers Secure $6 Million Award On April 21, 2025, the Securities and Exchange Commission (“SEC”) announced a $6 million award to joint whistleblowers who disclosed information that launched an examination and provided a clear framework that contributed to a successful enforcement action. “Today’s award illustrates that the agency can leverage whistleblower information in various ways, including by prompting an examination,” said Jonathan Carr, the Acting Chief of the…
Athletes Await Final Approval of $2.8 Billion NCAA Antitrust Settlement
In one of the most consequential moments in college sports history, a federal judge in the Northern District of California, has declined final approval to a $2.8 billion antitrust settlement between the NCAA, its major conferences, and thousands of current and former Division I athletes. In October of 2024, Judge Wilken, preliminarily approved the settlement – a deal that would have ended a years-long legal battle over athlete compensation and…
Market Volatility Exposes Risks in Structured Note Investments
As recent market swings rattle investor portfolios, many are realizing the steep risks embedded in structured note investments once marketed as safe or principal-protected. This article outlines how structured notes can fail during volatile conditions and how Miller Shah LLP supports institutional and individual investors pursuing recovery for losses stemming from misrepresented or poorly structured financial products. What are Structured Notes? A structured note is a combination of a bond…
Misclassification in the Fashion Industry: How Creative Professionals Are Being Denied Basic Worker Protections
The misclassification of employees as independent contractors is a serious labor issue which often deprives workers of essential rights and protections like overtime pay, paid time off, unemployment insurance, and other key benefits only required by law to be provided to employees. While workers in any industry can suffer from employee misclassification, contractors and freelance workers in creative industries like fashion and design are often particularly vulnerable to this unlawful…
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