Richard J. Reibstein

Richard J. Reibstein

Pepper Hamilton LLP

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Impact of NLRB’s Joint Employer Decision on Independent Contractors: State-of-the-Art IC Agreements Can Protect from...

Few independent contractor agreements we have reviewed, even those of Fortune 500 companies, are relatively free from clauses that undermine the IC relationship because such agreements typically contain clauses that retain...more

8/31/2015 - 1099s Browning-Ferris Industries of California Inc. Class Action Compliance FedEx Fortune 500 Independent Contractors Joint Employers Misclassification NLRA NLRB Uber Unions W-2

Even if Uber Loses Class Certification Motion Today, All Is Not Lost for Ride-Sharing Tech Giant

August 6, 2015 may be a day that Uber drivers in California win preliminary approval of their motion for class certification in their independent contractor misclassification lawsuit. A hearing is scheduled this afternoon in...more

8/6/2015 - 1099s Class Action Class Certification Compliance FedEx Hiring & Firing Independent Contractors Labor Law Violations Misclassification Sharing Economy Startups Taxi Cabs Uber W-2 Wage and Hour

Senate Democrats Re-Introduce the Payroll Fraud Prevention Act of 2015 Soon After Hillary Clinton Seeks to Insert IC...

Shortly after Presidential candidate Hillary Clinton placed independent contractor misclassification in the national spotlight in mid-July 2015 when she prominently commented in a campaign speech upon the expanding use of ICs...more

8/3/2015 - FLSA Fraud Prevention Hillary Clinton Independent Contractors Misclassification Non-Employees Popular Wage and Hour

July 2015 Independent Contractor Compliance and Misclassification News Update

This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the national spotlight when...more

8/3/2015 - Attorney's Fees Basketball Cheerleaders Compliance Corporate Counsel DirectTV DOL Equal Access to Justice Act FedEx FEHA FLSA Football Independent Contractors Labor Code Lyft Misclassification Ports Sharing Economy Sports Teamsters Trucking Industry Wage and Hour

Homejoy’s Shutdown, Due to Misclassification Lawsuits, Likely to Propel Tech Start-Ups to Enhance Their Independent Contractor...

Earlier Friday, it was reported by Carmel DeAmicis of re/code that Homejoy, the home cleaning start-up that uses independent contractors as their home cleaners, was closing down its operations due to four misclassification...more

7/20/2015 - 1099s Affordable Care Act Compliance ERISA FedEx Independent Contractors IRS Misclassification Popular Startups VCSP W-2 Wage and Hour

Labor Department's New Guidance on Independent Contractor Misclassification Is Nothing New Legally, But Will Likely Reinvigorate...

The main difference between the new Interpretation and the Labor Department’s prior enforcement policy is a greater emphasis on the “economic dependence” of the workers on the business that has engaged their...more

7/16/2015 - Corporate Counsel DOL FLSA Independent Contractors IRC Minimum Wage Misclassification Unpaid Overtime Wage and Hour

Seventh Circuit Adopts Kansas Supreme Court Decision that FedEx Ground Misclassified Its Drivers as Independent Contractors as a...

Wednesday, as anticipated, the U.S. Court of Appeals for the Seventh Circuit adopted the decision of the Kansas Supreme Court that FedEx Ground drivers, as a matter of law, were employees and not independent contractors under...more

7/10/2015 - Compliance Corporate Counsel FedEx Independent Contractors ISPs Misclassification Popular Wage and Hour Young Lawyers

June 2015 Independent Contractor Compliance and Misclassification News Update

The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

7/6/2015 - Adult Entertainment Class Action Corporate Counsel DOL Drivers Employee Definition Employer Liability Issues Entertainment Industry Fashion Industry FedEx Hospitality Industry Independent Contractors Misclassification Popular Settlement Sports Uber Wage and Hour

Uber Suffers Another Independent Contractor Misclassification Setback in California

Uber has not fared well in court battles recently. After losing an unemployment case last month in Florida, it has now just lost an independent contractor misclassification wage case in California. This loss in California...more

6/18/2015 - Compliance Employment Contract FedEx Hiring & Firing Independent Contractors Labor Code Labor Commissioners Misclassification Popular Summary Judgment Uber Unemployment Benefits Wage and Hour

$228 Million: The Cost of Independent Contractor Misclassification for FedEx Ground in California

Yesterday, June 12, FedEx announced in papers filed with the SEC that its Ground Division “has reached an agreement in principle with [drivers] in the independent contractor litigation that is pending in …California [federal...more

6/15/2015 - 1099s Class Action Compliance Corporate Counsel Employee Rights FedEx Independent Contractors IRS LLC Lyft Misclassification NLRB Popular SEC Settlement Offer Startups Uber Wage and Hour

New Independent Contractor Misclassification Study Is Belied By Government Report and Disregards the Legitimate Use of Independent...

The Economic Policy Institute, a respected nonprofit, nonpartisan think tank, has just released a working paper authored by a respected professor who co-authored a number of early academic studies detailing independent...more

6/12/2015 - Compliance FedEx FICA Taxes Full-Time Employees GAO Independent Contractors Minimum Wage Misclassification Unemployment Benefits Unpaid Overtime Wage and Hour

May 2015 Independent Contractor Compliance and Misclassification News Update

May 2015 was one of the busiest months for independent contractor (IC) misclassification cases in the courts and administrative agencies – no less than a dozen cases including such well-known companies as BMW, the NFL and...more

6/4/2015 - BMW Drivers Employee Definition FedEx Franchises Hospitality Industry Hotels Independent Contractors Janitorial Services Legislative Agendas Misclassification Regulatory Agenda Security Guards Sharing Economy Sleepy's Uber

Independent Contractor Tax Fairness and Simplification Act of 2015 Seeks to Eliminate “Safe Harbor” for Businesses

On May 20, 2015, Rep. Erik Paulsen (R. Minn.) introduced the Independent Contractor Tax Fairness and Simplification Act of 2015 (HR 2483), a bill that is identical to the bill of the same name that he introduced in 2012 (H.R....more

6/1/2015 - Employer Liability Issues Independent Contractors Misclassification Proposed Legislation Self-Employment Tax U.S. Treasury

New GAO Report on Contingent Workforce Shows 85% of Independent Contractors Are “Content with Their Employment Type”

A comprehensive government report on the contingent workforce made public two days ago revealed surprising data about independent contractors, finding that 85% of independent contractors “appeared content with their...more

5/26/2015 - 1099s Class Action Compliance Employee Benefits FedEx Fringe Benefits Full-Time Employees GAO Google Independent Contractors Lowe's Lyft Macy's Microsoft Misclassification Uber Wage and Hour

April 2015 Independent Contractor Compliance and Misclassification News Update

The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by...more

5/4/2015 - Compliance DOL FLSA Independent Contractors Macy's Minimum Wage Misclassification Ports Taxi Cabs Unemployment Benefits Unpaid Overtime Wage and Hour

The 2015 White Paper on Independent Contractor Misclassification: How Companies Can Minimize the Risks

In This Issue: - Introduction - Independent Contractor Misclassification: How It Has Arisen ..The Economic and Business Advantages of Using Independent Contractors ..Lax Enforcement and...more

4/28/2015 - Employer Liability Issues Independent Contractors Legislative Agendas Misclassification New Legislation Regulatory Agencies Regulatory Agenda Risk Assessment Risk Mitigation Wage and Hour White Paper

March 2015 Independent Contractor Compliance and Misclassification News Update

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

4/6/2015 - Adult Entertainment Class Action Delivery Drivers FLSA Franchises Independent Contractors Legislative Agendas Lyft Macy's Misclassification Retailers Trucking Industry Uber Wage and Hour

Uber and Lyft Lose Key Motions in California Independent Contractor Class Actions; Decisions Have Far-Reaching Implications for...

March 11, 2015 was a tough day for Uber and Lyft. Federal court judges in California issued separate decisions yesterday in class action lawsuits brought by drivers of Uber and Lyft who allege that those companies...more

3/12/2015 - Class Action Corporate Counsel Employee Definition Employer Liability Issues Independent Contractors Lyft Misclassification Popular Uber

February 2015 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

3/5/2015 - Adult Entertainment Delivery Drivers Employer Liability Issues FLSA Independent Contractors Misclassification Trucking Industry Unpaid Overtime Wage and Hour

133,000 Misclassified Workers Detected in New York in the Course of 12,000 Audits and Investigations in 2014, According to the...

On February 1, 2015, the Joint Enforcement Task Force on Employee Misclassification issued its Annual Report. The Report noted that the New York Task Force members in 2014 conducted over 12,000 audits and investigations,...more

2/9/2015 - Audits Employee Definition Employer Liability Issues Government Investigations Independent Contractors Information Reports Misclassification

Even an Exotic Dance Club (a.k.a. Strip Joint) Can Comply with Independent Contractor Laws – And Avoid or Defend Against Class...

A number of our blog posts since October 2010, including our monthly updates beginning in November 2012, have included reports on class action lawsuits by exotic dancers against strip clubs. This industry has, by far, the...more

2/9/2015 - Adult Entertainment Class Action Employee Definition Employer Liability Issues Independent Contractors Misclassification Wage and Hour

The 2016 Federal Budget: Targeting Independent Contractor Misclassification as Part of the “Fissured Workplace”

The President released his Fiscal Year 2016 Budget today, February 2, 2015. In furtherance of the President’s budget request, the Labor Department’s Wage and Hour Division provided a 32-page budget justification to Congress...more

2/4/2015 - Barack Obama Corporate Counsel DOL Employer Liability Issues Employer Mandates Federal Budget FLSA Independent Contractors Misclassification Popular Wage and Hour

January 2015 Independent Contractor Compliance and Misclassification Update

JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more

2/3/2015 - ABC Test Class Action Commercial Truck Drivers Construction Industry Construction Workers Cooperation Agreement DOL Employee Definition Employer Liability Issues Enforcement Actions Franchise Agreements Franchises Independent Contractors Lowes Misclassification Retailers Trucking Industry Wage and Hour

New Jersey Sets Low Bar for Workers Filing Independent Contractor Misclassification Suits

More than a year ago, the U.S. Court of Appeals for the Third Circuit, in an independent contractor misclassification class action, asked the New Jersey Supreme Court to articulate the test that judges should apply in state...more

1/16/2015 - Corporate Counsel Delivery Drivers Employee Definition Employer Liability Issues Independent Contractors Misclassification Wage and Hour

$6.5 Million Class Action Settlement Imparts Four Lessons for Companies Seeking to Minimize Independent Contractor...

A $6.5 million settlement between Lowe’s Home Centers and a class of its home improvement contractors was approved by a federal court judge in California earlier this week. The contractors claim that they had been...more

1/15/2015 - Class Action Contractors Corporate Counsel Employer Liability Issues Independent Contractors Lowes Misclassification Retailers Settlement

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