Todd Lebowitz

Todd Lebowitz

BakerHostetler

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Volunteers Alleging Employment Status Lose Title VII Case, but Court Applies Vigorous Analysis First

Everyone’s looking for volunteers. The Salvation Army recruits helpers with the promise of “Doing the most good.” Volunteers of America invites participation by reminding the public “There are no limits to caring.” Even...more

12/18/2014 - American Red Cross Employee Definition Employer Liability Issues Title VII Volunteers

DOL Refills States’ War Chests for Independent Contractor Misclassification Crackdown

The U.S. Department of Labor has awarded $10.2 million in grants to 19 states for continued independent contractor misclassification detection and enforcement. The grants are focused on unemployment insurance programs and,...more

11/17/2014 - DOL Employer Liability Issues Federal Grants Independent Contractors Misclassification Popular Strategic Enforcement Plan Unemployment Insurance

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation...

For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...more

11/11/2014 - Employer Liability Issues Independent Contractors Joint and Several Liability Joint Employers Misclassification Staffing Agencies Wage and Hour

Publix to Pay $6.8 Million Settlement over Noncompliant Background Check Forms

If your company’s background check disclosure form includes a release of liability, take it out. Less than a year after a federal district court in Pennsylvania ruled that Closetmaid violated the Fair Credit Reporting...more

11/4/2014 - Background Checks Enforcement Action FCRA FTC Publix

Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers

Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent contractors under California and Oregon law. Last week the Kansas Supreme Court joined them,...more

10/14/2014 - Corporate Counsel Delivery Drivers Employee Definition Employer Liability Issues FedEx Independent Contractors Misclassification

Court Dismisses EEOC’s Attack on Severance Agreements, But Not on the Merits

The EEOC’s lawsuit against CVS, which alleged that the company’s severance agreements were impermissibly restrictive, has been dismissed, but not for the reasons employers would have hoped. EEOC v. CVS Pharmacy, Inc., No....more

10/14/2014 - Conciliation CVS Dismissals EEOC Enforcement Actions Rules of Civil Procedure Separation Agreement

NLRB Adopts New Test for Independent Contractor Misclassification, Applies it to Find FedEx Drivers are Employees Who Can Unionize

The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten. Companies who wish to analyze whether their...more

10/13/2014 - delivery Employer Liability Issues FedEx Independent Contractors IRS Misclassification NLRB Right to Control Wage and Hour

U.S. Open Umpires and Linesmen Are Independent Contractors, Court Rules

In an opinion that disappointingly failed to take advantage of countless pun opportunities, a federal judge in New York otherwise got it right, ruling that the United States Tennis Association properly classified U.S. Open...more

9/24/2014 - Classification Employer Liability Issues FLSA Independent Contractors Sports US Tennis Association

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

Last week the Ninth Circuit issued a pair of decisions in the nearly-decade long misclassification dispute between FedEx and its drivers, with the Court of Appeals ruling that drivers in California and Oregon are FedEx...more

9/3/2014 - Classification Delivery Drivers Employee Rights Employer Liability Issues FedEx Independent Contractors Misclassification Trucking Industry

Washington, D.C. Joins the Ban-the-Box Movement for Private Employers

The District of Columbia has passed one of the most stringent ban-the-box laws in the nation. The D.C. law includes the typical prohibition on asking questions about criminal background during the application process, but it...more

8/29/2014 - Ban the Box Criminal Background Checks Job Applicants

New Jersey Becomes the Sixth State to Ban the Box for Private Employers

Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Popular

Background Check Questions: Illinois Joins Ban-the-Box States; New Jersey May Be Next

Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making...more

8/6/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Pending Legislation

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

7/25/2014 - Corporate Counsel Employee Definition Hospitals Insurers Liability Liability Insurance Malpractice Insurance Medical Malpractice Staffing Agencies

Illinois Joins Ban-The-Box States; New Jersey May Be Next

Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor Quinn signed the Job Opportunities for Qualified Applicants Act, making...more

7/23/2014 - Ban the Box Criminal Background Checks Job Applicants

California Supreme Court Eases Path Toward Class Certification of Independent Contractor Misclassification Claims

In Ayala v. Antelope Valley Newspapers, Inc., the California Supreme Court set forth the legal standard for determining whether independent contractor misclassification claims can be brought on a classwide basis, or must be...more

7/2/2014 - Class Certification Employer Liability Issues Independent Contractors Misclassification News Corp Newspapers Putative Class Actions

Delivery Drivers are Employees, Not Independent Contractors, Ninth Circuit Rules

Sometimes a title tells you all you need to know. If you listen to the 1969 Pink Floyd track, “Several Species of Small Furry Animals Gathered Together in a Cave and Grooving with a Pict,” you pretty much know what you are...more

6/20/2014

Ninth Circuit Shows No Affinity for Independent Contractor Status in Delivery Drivers

Delivering another blow to the independent contractor model, the Ninth Circuit Court of Appeals held this week that furniture delivery drivers for Affinity Logistics were employees under California law, not independent...more

6/19/2014 - Choice-of-Law Delivery Drivers Employee Rights Independent Contractors Sears Trucking Industry Wage and Hour

Sixth Circuit Delivers Knockout to EEOC in Another Background Check Case

The EEOC suffered a major setback on April 9th when the Sixth Circuit Court of Appeals affirmed summary judgment in the highly watched background check case of EEOC v. Kaplan Higher Education Corporation, et al. The Sixth...more

4/17/2014 - Background Checks Criminal Background Checks Disparate Impact EEOC Racial Discrimination

Illinois Supreme Court Upholds One of the Nation’s Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars...

Worker misclassification is now a bet-the-company issue. On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines...more

3/3/2014 - Contractors Employee Definition Misclassification Subcontractors

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

2/13/2014 - Adverse Employment Action Background Checks Class Action Contract Drafting Disclosure Requirements Employment Application FCRA FTC Hiring & Firing Human Resources Professionals Job Applicants Waivers Written Consent

Texas Files Suit to Strike Down EEOC Background Check Guidance

The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense. The State of Texas, however, has upended that approach. On November 4, 2013, Texas filed a federal...more

11/12/2013 - Background Checks Criminal Background Checks Disparate Impact EEOC Title VII

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more

11/1/2013 - Arbitration Arbitration Agreements Contract Formation Opt-Outs

Staffing Agency Employee May Sue Multiple Employers for Wrongful Discharge, Federal Court Rules

Whose employee is it anyway? The answer may be everyone’s. Companies who use staffing agencies to supply workers may be considered joint employers of those workers, even if the staffing agency hires and pays the...more

9/23/2013 - General Electric Hiring & Firing Retaliation Staffing Agencies Termination

Background Check Policies Exposing Employers to Legal Liability

The Equal Employment Opportunity Commission (EEOC) continues to challenge employers' seemingly legitimate reliance on background checks as part of the hiring process....more

8/23/2013 - Criminal Background Checks Discrimination Disparate Impact EEOC Employer Liability Issues

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