News & Analysis as of

Contractors Misclassification

Snell & Wilmer

Nevada To Implement New Solar Workforce Requirements

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Changes are coming soon to Nevada’s solar workforce. This could have a seismic impact on Nevada solar companies, as Nevada leads the nation in solar industry jobs on a per capita basis. Under current law, independent...more

Flaster Greenberg PC

No More Misclassification: New Jersey Draws the Line

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On July 8, 2021, New Jersey Governor Phil Murphy signed four bills aimed at cracking down on employers who misclassify independent contractors as employees. In a press release, the Governor’s office lauded this legislative...more

Littler

New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to Contractors

Littler on

The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators.  These provisions, once rarely used, are taking on new life as government officials have...more

Cohen Seglias Pallas Greenhall & Furman PC

PA Construction Legislative Update

Harrisburg has seen a number of proposed bills during the past few weeks, many of which will have significant legal impacts on the construction industry. On the top of the list is an anti-indemnity statute that would put...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review California Rule Invalidating Contractor Arbitration Agreements

On October 1, the U.S. Supreme Court agreed to hear the appeal of a company whose mandatory arbitration agreements with its contractors were deemed invalid by California state courts. Once again, the Court will determine...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Littler

Last Call: California Legislature Makes Final Push for 2015 Session

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The California Legislature reconvened on Monday, August 17, to finish its work for the 2015 regular session, which must end by September 11. The following bills are of particular interest to California private sector...more

Troutman Pepper

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

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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

JAMS

An Employee is an Employee is an Employee: Alexander v. FedEx Ground

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In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many...more

Parker Poe Adams & Bernstein LLP

State and Federal Departments of Labor Joining Forces to Fight Employee Misclassification

Last month, major North Carolina newspapers ran a series of investigative reports alleging that construction companies with federal contracts routinely misclassify employees as independent contractors. While these articles...more

Troutman Pepper

September 2014 Independent Contractor Compliance and Misclassification Update

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This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

Troutman Pepper

Earthquake in the Independent Contractor Misclassification Field: Changed Landscape Following Serious Legal Blow to FedEx Ground...

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FedEx Ground has been at the epicenter of the crackdown on IC misclassification by government regulators, state legislators, and plaintiffs’ class action lawyers since 2007, when a California appellate court found...more

Franczek P.C.

Are You Secretly Running a Construction Business? State Law Says You Might Be!

Franczek P.C. on

Late last month, I spoke at a regional meeting of the Wireless Internet Service Providers Association, and many of the WISPs in attendance were surprised to learn that not only were they in the Internet service business, but...more

Troutman Pepper

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

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The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

On Monday, July 21, 2014, the California Court of Appeal issued its opinion in Galen v. Redfin Corp., A138642. This case is important for two reasons: the court upheld an arbitration agreement between a Seattle-based company...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor...

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many...more

Orrick - Employment Law and Litigation

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

BakerHostetler

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

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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

Smith Anderson

Are Your Employees Properly Classified?

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In This Presentation: - Introduction - FLSA “White Collar” Exemptions - Three Tests for Exemption - Salary Level Test - Salary Basis Test - Can the Employer Make Deductions? -...more

Lawline.com

Common Employment Law Mistakes for Small, Start-Up and Growing Companies

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Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more

Bradley Arant Boult Cummings LLP

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more

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