Richard J. Reibstein

Richard J. Reibstein

Pepper Hamilton LLP

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“Misclassification Mythbusters”: The Labor Department’s Latest Effort to Crack Down on Independent Contractor Misclassification

The U.S. Department of Labor has just released a dozen Q&A’s on the issue of IC misclassification in an online publication it calls “Misclassification Mythbusters.” The 12 IC misclassification “myths” that it seeks to debunk...more

8/23/2016 - 1099s DOL Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Wage and Hour

Uber’s $100 Million Settlement Rejected by Judge; Independent Contractor Misclassification Lawsuit to Proceed

Earlier yesterday, Uber was dealt yet another setback in its efforts to settle the IC misclassification lawsuits brought against it by Uber drivers in California and Massachusetts. As readers of this legal blog will recall...more

8/19/2016 - 1099s Arbitration Agreements Class Action Employee Definition Employer Liability Issues FedEx Independent Contractors Lyft Misclassification PAGA Settlement Agreements Sharing Economy Transportation Industry Uber Wage and Hour

July 2016 Independent Contractor Misclassification and Compliance News Update

Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

8/8/2016 - Arbitration Class Action Class Certification Employee Definition Employer Liability Issues Home Depot Independent Contractors JCPenney Misclassification Motion to Compel Music Industry NLRA NLRB Sears Settlement Agreements Sharing Economy Task Force Teamsters Trucking Industry Uber Unfair Labor Practices Unions Wage and Hour

New York Establishes a Super IC Misclassification-Plus Task Force

Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and...more

7/21/2016 - Construction Industry DOL Employer Liability Issues Executive Orders Gig Economy Independent Contractors Joint Task Force Misclassification On-Demand Services Popular Transportation Industry Wage and Hour

$240 Million Settlement Closes Chapter on FedEx IC Misclassification Lawsuits

FedEx yesterday announced that it reached a settlement of its remaining independent contractor class action lawsuits in 20 states with its Ground Division drivers for $240 million, pending court approval. Coming on the heels...more

6/17/2016 - Class Action Employee Definition Employer Liability Issues FedEx Independent Contractors KS Supreme Court Misclassification Wage and Hour

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination...

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to...more

5/31/2016 - 1099s Employer Liability Issues Hiring & Firing Independent Contractors LGBT Misclassification Popular Retaliation Sexual Orientation Discrimination Transgender Wage and Hour

New Federal Trade Secrets Law Applies to Independent Contractors, Too – Including the Notice Provisions!

Earlier yesterday, President Obama signed into law the Defend Trade Secrets Act (DTSA), which the Senate and House passed with overwhelming bipartisan support. While the impetus for the new law has been trade secret theft by...more

5/12/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets Whistleblower Protection Policies

What Employers Need to Know About New Federal Law Protecting Trade Secrets and Confidential Information

Yesterday, President Obama signed into law the Defend Trade Secrets Act (DTSA), which the Senate and House passed with overwhelming bipartisan support. The DTSA will fill a large hole in the law of trade secrets. In the past,...more

5/12/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Immunity Intellectual Property Protection Misappropriation New Legislation Popular Private Right of Action Trade Secrets Whistleblower Protection Policies

April 2016 Independent Contractor Misclassification and Compliance News Update

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

5/9/2016 - Attorney's Fees Class Action DOL Employer Liability Issues FedEx FLSA Independent Contractors Lyft Misclassification NLRA NLRB Settlement Agreements Sharing Economy Trucking Industry Uber Unfair Labor Practices Unions Wage and Hour

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

4/22/2016 - ALJ Corporate Counsel Employer Liability Issues FLSA Independent Contractors Misclassification NLRA NLRB Trucking Industry Unfair Labor Practices Unions Wage and Hour

Uber Tries to “Lyft” Itself Out of Two Independent Contractor Misclassification Lawsuits By Settling for Up To $100 Million – But...

Only two weeks after a federal court judge in California rejected a proposed $12.25 million independent contractor misclassification settlement between Lyft and its drivers in California because it “shortchanged” the drivers...more

4/22/2016 - Class Action Corporate Counsel Employer Liability Issues Independent Contractors Lyft Misclassification Settlement Agreements Sharing Economy Uber Wage and Hour

March 2016 Independent Contractor Misclassification and Compliance News Update

The cases reported in this update continue to reflect the fact that IC misclassification cases cut across virtually all industries. Below are IC misclassification cases from such diverse industries as insurance, ride-sharing,...more

4/6/2016 - ABC Test Class Action Class Certification DOL Employee Definition Employment Tax ERISA FLSA Independent Contractors IRS Lyft Misclassification Restaurant Industry SCOTUS Sharing Economy Standard OIl Uber Unemployment Benefits Unions

Opposition to Lyft’s $12.25 Million Independent Contractor Misclassification Settlement May Cause Court to Nix the Deal

Papers were filed in court today formally opposing the deal that Lyft agreed to with the lawyers representing over 100,000 Lyft drivers in their class action brought in the federal court in San Francisco. The objectors were...more

3/16/2016 - Class Action Independent Contractors Lyft Misclassification Popular Settlement Agreements Sharing Economy Wage and Hour

February 2016 Independent Contractor Compliance and Misclassification News Update

In February 2016, two federal appellate courts ruled in favor of companies in IC misclassification cases: one where the NLRB was reversed in a decision where the agency had found stagehands to be employees and not ICs; the...more

3/2/2016 - Amazon Marketplace Class Action Home Health Care Independent Contractors Misclassification Motor Carriers NLRB Preemption Staffing Agencies Wage and Hour

Minimizing Independent Contractor Misclassification Risk: “Play it Safe” or “Play it Smart”

Frances McMorris, who covers the transportation and hospitality industries for American City Business Journals (ACBJ), wrote an article on January 29 about the impact of the latest Uber lawsuit on businesses that use...more

2/24/2016 - FedEx Independent Contractors Misclassification Uber Wage and Hour

December 2015 / January 2016 Independent Contractor Compliance and Misclassification News Update

This Update covers the two-month period of December 2015 and January 2016. The headnote for this period is: don’t classify drivers as ICs unless you do it right! Eight of the nine cases reported below involve drivers....more

2/2/2016 - Amazon Marketplace Corporate Counsel Delivery Drivers DOL Hospitality Industry Independent Contractors Lyft Misclassification Popular Taxi Cabs Uber Unemployment Insurance Wage and Hour Young Lawyers

Uber Suffers Setbacks #3 and #4 in Independent Contractor Misclassification Class Action

Over the last nine months Uber has suffered one legal setback after another in the class action independent contractor class action lawsuit filed against it in federal court in San Francisco. Yesterday was perhaps its worst...more

12/11/2015 - Class Action Independent Contractors Misclassification Popular Uber Wage and Hour

November 2015 Independent Contractor Compliance and Misclassification News Update

PORT TRUCK DRIVERS FILE ANOTHER CLAIM AGAINST TRUCKING COMPANIES IN CALIFORNIA FOR IC MISCLASSIFICATION. - Long Beach and Los Angeles port truckers, who allege that they have been misclassified as independent...more

12/8/2015 - Independent Contractors Misclassification Trucking Industry Uber Wage and Hour

Are Direct Selling Companies the Next Targets for Independent Contractor Misclassification Claims?

Recently, Mary Kay, Inc. was sued in New Jersey for allegedly misclassifying a class of direct sellers as independent contractors in violation of the New Jersey Wage Payment Law. While there are direct seller exemptions from...more

12/2/2015 - Employer Liability Issues Independent Contractors Misclassification Wage and Hour

September/October 2015 Independent Contractor Compliance and Misclassification News Update

Judicial and regulatory developments in the months of September and October 2015 vividly highlight the fact that many companies in the U.S., both large and small, continue to fail to structure, document, and implement their...more

11/13/2015 - Class Action Independent Contractors Misclassification Popular Wage and Hour

Amazon.com Hit With Independent Contractor Misclassification Class Action Lawsuit By Delivery Drivers

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s “Prime Now” app. The drivers...more

10/28/2015 - Amazon Marketplace Class Action Delivery Drivers Employee Benefits Independent Contractors Internet Retailers Minimum Wage Misclassification Out-of-Pocket Expenses Popular Rest and Meal Break Sharing Economy Uber Unpaid Overtime Wage and Hour

August 2015 Independent Contractor Compliance and Misclassification News Update

August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

9/8/2015 - Browning-Ferris Industries of California Inc. Class Action Construction Industry DOL FedEx Google Independent Contractors Joint Employers Lowe's Misclassification NLRB Restaurant Industry Sharing Economy Staffing Agencies Taxi Cabs Temporary Employees Uber Wage and Hour

Why Did Uber Lose In Court Today? And How It Can Still Avoid Future Misclassification Liability

Today was not a good day for Uber. It suffered its second setback from the federal district court judge hearing the independent contractor misclassification class action case brought by Uber drivers against the giant...more

9/2/2015 - Class Action Class Certification Corporate Counsel FedEx Independent Contractors Misclassification New York Times Popular Sharing Economy Tips Uber Wage and Hour Young Lawyers

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