Richard J. Reibstein

Richard J. Reibstein

Pepper Hamilton LLP

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New York Employers Take Note: Federal Court Injunction Blocking the Federal Overtime Regulations Means Little in New York

Proposed New York regulations will nearly approach the now-enjoined federal salary thresholds — and then leapfrog those amounts in subsequent years. Originally published in Daily Labor Report - November 30, 2016....more

12/1/2016 - Comment Period DOL Exempt-Employees Final Rules FLSA Minimum Salary Minimum Wage Non-Exempt Employees Over-Time Preliminary Injunctions Standard Duties Test Wage and Hour White-Collar Exemptions

Your Own Agreements Can Be Your Worst Enemy in IC Misclassification Cases

Companies that use independent contractors (ICs) typically require ICs to sign a contractor agreement prepared by the company. But, if it is drafted like the one reviewed in late September by the U.S. Court of Appeals for the...more

11/28/2016 - Contract Drafting Corporate Counsel Franchise Agreements Franchisee Franchisors Independent Contractors Minimum Wage Misclassification Unpaid Overtime Wage and Hour

Businesses Everywhere Take Note: NYC Independent Contractor Law Will Have Impact Well Beyond the City

Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take note. On November 16, 2016, Mayor de Blasio signed...more

11/17/2016 - Contract Terms Corporate Counsel Freelance Workers Hiring & Firing Independent Contractors Labor Standards Enforcement Local Ordinance New Legislation Prompt Payment Wage and Hour

October 2016 Independent Contractor Misclassification and Compliance News Update

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

11/7/2016 - Amazon Marketplace Class Action Corporate Counsel Delivery Drivers EEOC Employee Definition Employer Liability Issues FedEx FLSA Freelance Workers Independent Contractors Minimum Wage Misclassification On-Demand Services Pensions Sharing Economy Shipping Uber Unpaid Overtime Utilities Sector Wage and Hour

New York’s Highest Court Issues IC-Friendly Ruling, Holding That Certain Yoga Teachers Are Valid Independent Contractors

Earlier today, October 25, 2016, the New York Court of Appeals issued an important decision on the issue of independent contractor status. The Court held that a group of yoga instructors working at a New York City yoga...more

10/26/2016 - Appeals Employee Definition Employer Liability Issues Independent Contractors Misclassification Wage and Hour

Self-Inflicted IC Misclassification Wounds: How Did FedEx Bludgeon Itself Into Pay Nearing $500 Million to Settle Claims That It...

FedEx’s costs due to IC misclassification are approaching $500 million over the past year as a result of its inability to draft in a valid manner its IC agreement and internal policies governing Ground Division drivers. Last...more

10/25/2016 - Class Action Delivery Drivers Employee Definition FedEx Independent Contractors Misclassification Settlement Trucking Industry Wage and Hour

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

10/14/2016 - ALJ Arbitration Class Action Class Action Arbitration Waivers Corporate Counsel DOL Employee Definition Employer Liability Issues Employment Contract Independent Contractors Mandatory Arbitration Clauses Misclassification Popular Uber Unemployment Benefits Wage and Hour

Lessons Unlearned: Franchise and Independent Contractor Agreements Can Be Kiss of Death

The Third Circuit’s decision is a pointed reminder to franchisors, as well as businesses that use independent contractors, that the form of their agreements can either serve their legal interests or harm them in employee...more

9/23/2016 - Appeals Class Action Class Certification Corporate Counsel Employee Definition Employer Liability Issues FedEx Franchise Agreements Independent Contractors Misclassification Wage and Hour

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

8/31/2016 - Corporate Counsel Employee Definition Employer Liability Issues Independent Contractors Misclassification NLRA NLRB Popular Trucking Industry Unfair Labor Practices Unions Wage and Hour

“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

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