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Misclassification Employee Retirement Income Security Act (ERISA)

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2023

Jackson Lewis P.C. on

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Locke Lord LLP

What Companies Can Learn From an ERISA Case Alleging Independent Contract Misclassification: February 2022 IC Legal News Update

Locke Lord LLP on

This past month, the most notable lawsuit alleging independent contractor misclassification was an ERISA claim. ERISA lawsuits by workers alleging independent contractor misclassification can potentially expose companies to...more

Jackson Lewis P.C.

Allegedly Misclassified Independent Contractor Cannot Sue Under ERISA

Jackson Lewis P.C. on

A California district court recently foreclosed a former independent contractor’s claims for benefits from ERISA-governed plans when it found that plaintiff was not a “participant” as defined by ERISA and thus did not have...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Alston & Bird

Class Action & MDL Roundup – Fall 2020

Alston & Bird on

Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least...more

ArentFox Schiff

Class Action Quarterly Update

ArentFox Schiff on

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Farella Braun + Martel LLP

New Laws for California Employers in 2020

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2019

Jackson Lewis P.C. on

Our quarterly report takes a look back at the most significant class action developments over the last year, including litigation trends, court decisions, and legislative and regulatory changes that are certain to invite...more

Snell & Wilmer

A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California

Snell & Wilmer on

Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC...more

Snell & Wilmer

New California Legislation Makes it More Difficult to Classify Workers as Independent Contractors

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California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more

Akerman LLP

Retirement Plan Guidance And Compliance Trends In 2019

Akerman LLP on

2019 will be a busy compliance year for companies’ human resource and finance leaders and other tasked with overseeing employer-sponsored qualified retirement plans. Compliance trends are coming into view, based on new IRS...more

McDermott Will & Emery

Worker Classification: Complications Beyond the Front Page

California’s Dynamex Rolls Out The ABC Test And The Presumption Of Employment - ? The burden is placed on the employer to prove IC status ? Individual is deemed an employee unless employer demonstrates prongs A, B, and...more

Locke Lord LLP

January 2019 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

This past month may well be regarded as one of the more legally satisfying for businesses using independent contractors. Courts issued three decisions in favor of companies on the issue as to whether certain workers are ICs...more

Locke Lord LLP

Insurance Agents Not Misclassified As Independent Contractors; Sixth Circuit Rules in Favor of Insurance Company in ERISA Class...

Locke Lord LLP on

For the past 18 months, insurance companies have been holding their collective breath to see if an appellate court would affirm or reverse an Ohio district court decision concluding that thousands of current and former agents...more

Locke Lord LLP

Insurance Agents Not Misclassified As Independent Contractors; Sixth Circuit Rules in Favor of Insurance Company in ERISA Class...

Locke Lord LLP on

For the past 18 months, insurance companies have been holding their collective breath to see if an appellate court would affirm or reverse an Ohio district court decision concluding that thousands of current and former agents...more

McDermott Will & Emery

[Event] Employment and Employee Benefits Forum: Strategic Planning in the Face of Disruption - January 31st, Los Angeles, CA

McDermott Will & Emery on

There is significant risk and exposure facing senior leaders charged with workplace and workforce management. As we launch into 2019, it is more critical than ever for in-house counsel and HR professionals to effectively...more

McDermott Will & Emery

[Event] Employment and Employee Benefits Forum: Strategic Planning in the Face of Disruption - January 29th, San Francisco, CA

McDermott Will & Emery on

There is significant risk and exposure facing senior leaders charged with workplace and workforce management. As we launch into 2019, it is more critical than ever for in-house counsel and HR professionals to effectively...more

Mintz - Employment Viewpoints

The Bubbler – May 2018

Welcome back for this month’s edition of the Bubbler! There’s plenty to talk about, so let’s jump right in. The California Supreme Court issued an important decision this week addressing the test for whether a worker is...more

Winstead PC

May Benefits Roundup

Winstead PC on

The U.S. Department of Labor’s Fiduciary Rule is Finally Dead or Is It? The U.S. Department of Labor (“DoL”) permitted the Fifth Circuit’s decision overruling the fiduciary rule in its entirety on a nationwide basis due to...more

Locke Lord LLP

Insurance Industry Now Being Targeted for Independent Contractor Misclassification Lawsuits 

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Independent insurance sales agents have been treated as independent contractors for decades. But recently, class action lawyers have begun to target insurance companies with claims that insurers have misclassified these sales...more

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