Employee Definition

News & Analysis as of

Florida Court Rules Uber Drivers are Not Employees

In a somewhat surprising but positive development for gig companies, a Florida state appellate court ruled on February 1, 2017 that Uber drivers are independent contractors, NOT employees, and therefore not entitled to...more

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

Uber, CitySprint, Deliveroo… time for change?

The negative press around gig economy working has been prevalent over the past few months. Below, we take a look at the most significant developments in case law, including some innovative attempts by one trade union to...more

Tennessee Court of Appeals Cleans Up Questions on Dog Groomers' Employment Status

Individuals performing the main function of your business cannot be classified as independent contractors in Tennessee. At least, that’s what the Tennessee Court of Appeals ruled recently when analyzing whether the Tennessee...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

December 2016 Independent Contractor Misclassification and Compliance News Update

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Another Setback for Student Athletes … or Is It?

On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar...more

Landmen as Independent Contractors: Is the government’s voluntary settlement program too good to pass up?

The days of the lone landman driving around the back roads taking leases and visiting courthouses are becoming a thing of the past. Though there are still a few independent landmen who fit this mold, clients have demanded...more

When Partnership “Members” Are Employees

Last week, I wrote about how AB 2883 changes the definition of “employee” vis-a-vis corporate directors. See Is A Corporate Director An Employee Subject To Workers’ Compensation? AB 2883 also rewrites the definition of...more

DOL Releases Updated Independent Contractor “Misclassification” Website.

In a follow-up to the U.S. Department of Labor’s (DOL) release of 12 questions and answers in a publication called “Misclassification Mythbusters,” the DOL has now released a new website called “What is ‘misclassification’?”...more

The Labor Department’s New Independent Contractor Misclassification Web Page: While It Is Likely To Confound Viewers, It May...

The U.S. Department of Labor reissued its resources on independent contractor misclassification and grouped them together with resources from other federal and state agencies on the subject. This appears to be the Labor...more

Is A Corporate Director An Employee Subject To Workers’ Compensation?

Corporate lawyers tend to believe that directors and officers are not ineluctably employees. Thus, it may come as a surprise that California’s workers’ compensation law has for some time defined an “employee” to include...more

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Employers' Use of Independent Contractors Restricted by New Law and Court Decision

Employers nationwide and, in particular, those in New York City and New York state, should carefully consider their obligations to formalize policies concerning independent contractors based on New York City's Freelance Isn't...more

Seventh Circuit Rejects Student Athletes’ “Pay for Play” Suit

On December 5, 2016, the Seventh Circuit Court of Appeals issued its decision in Berger v. National Collegiate Athletic Association. The case was brought by former University of Pennsylvania (Penn) student athletes, Gillian...more

Seventh Circuit Confirms Student-Athletes Not Entitled to Minimum Wage under FLSA

The U.S. Court of Appeals for the Seventh Circuit has affirmed U.S. District Judge William T. Lawrence’s dismissal of the student-athlete litigation against the NCAA and over 120 NCAA Division I member schools alleging that...more

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Student Athletes Are Not Employees, Seventh Circuit Rules

Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more

Is the Owner-Manager of your Vendor your “Employee?” - Expansion of Coverage: North Carolina Crime Coverage Part: Embezzlement Is...

On November 14, 2014, the Eastern District of North Carolina entered summary judgment in favor of an insured seeking coverage for embezzlement for actions by owners of a vendor. Colony Tire Corp. v. Fed. Ins. Co., No. 2:15 CV...more

Maine Workers’ Comp Alert: Appellate Division Addresses Distinction Between Employees Covered Under the Act and Volunteers

In Huff v. Regional Transportation Program the Workers’ Compensation Board Appellate Division affirmed a decision finding that an individual was not an employee but, rather, a volunteer. The individual was a driver for a...more

Independent Contractor vs. Employee: What Employers Need to Know

If you’re an employer, given the daily balance of juggling business goals, budget concerns and employee harmony, it might seem that you spend most days trying to pull the proverbial rabbit out of your hat. But if your...more

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

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