Misclassification Wage and Hour

News & Analysis as of

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave. This is the most recent decision in a...more

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

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

Is the USDOL Making it Easier for On-Demand Workers to Claim Misclassification?

The on-demand economy has certainly changed the way people provide and receive services. It may also be changing the way the government focuses its enforcement priorities. The U.S. Department of Labor (USDOL) issued...more

January 2017 Independent Contractor Misclassification and Compliance News Update

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

This is Lowe’s, Don’t Be Like Lowe’s: A Checklist For Employers

Have you ever bought an appliance from Lowe’s Home Centers and been told that you have to contact one of its “licensed installers” and setup a time for them to come to your house to install the appliance? Subsequently, when...more

Uber Scores Victory Compelling Arbitration in Wage & Hour Misclassification Suit

Just a few days after being in the news and facing consumer boycotts for allegedly seeking to profit as a result of a taxi boycott of JFK International Airport related to President Trump’s immigration Executive Order, Uber...more

Latest "Gig Economy" Case: Courier Held to Be a Worker

In the latest in a string of cases concerning the employment status of those working in the “gig economy”, the Employment Tribunal in Dewhurst v City Sprint UK Ltd ET2202512/2016 considered whether a courier was a worker or a...more

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel

A recent case reflects that some courts will look not only to the presence or absence of conflicts or litigation misconduct but also to the plaintiffs’ counsel’s experience in other class action cases. In Goers v. L.A....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

New York State and Seattle Lead Discussion on Portable Benefits

In an effort to head off litigation by workers claiming they have been misclassified as contractors, companies using a largely on-demand workforce have been working with the New York State Assembly to develop a system of...more

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

CitySprint courier delivered employee status by employment tribunal

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996. In Dewhurst v CitySprint UK Ltd, the...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

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

Workplace Policy Institute Insider Report - January 2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

InterConnect FLASH! No. 59 - Massachusetts "ABC" Test Court Decision: Fresh Application On Old Spin

Over the last two years, the Benesch Transportation & Logistics Team has written in various installments of the FLASH about the Massachusetts Independent Contractor Law, Mass. Gen. Laws ch. 149, §148B (the “Massachusetts...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

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

Happy Holidays From The DOL: User-Friendly Webpage On Independent Contractors Misclassification Arrives

On December 19, the United States Department of Labor (DOL) issued what it describes as a “user-friendly webpage where workers, employers, and government agencies can find information and resources” about misclassification of...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

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

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Uber Case-Status of UK Uber drivers

Background - A significant employment law issue in the UK is whether an individual has the legal status of an “employee”, rather than of a self-employed consultant; employee status giving the individual a raft of rights...more

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