News & Analysis as of

Fenwick Employment Brief - July 2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

Employment Law – Delivery Drivers Wrongfully Classified as Independent Contractors Rather Than Employees

Fernando Ruiz, et al. v. Affinity Logistics Corp. - United States Court of Appeals for the Ninth Circuit (June 16, 2014) - The causes of action that can be asserted against an employer often depend on whether...more

Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers

A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name,...more

InterConnect FLASH! No. 39 - Recent Court Decisions Reflect the Rule of Reason: Totality of the Circumstances Regains Traction

Two recent court decisions from two different jurisdictions, issued several weeks apart, reflect a more balanced and reasonable approach for determining worker classification issues based on the totality of the facts and...more

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

Are You Too Cozy With Your Independent Contractors?

January 1, 2015 is fast approaching, and with it, the first year the employer mandate applies to employers with 100 or more full-time employees (50 in 2016) – the “Play or Pay” rules. In preparation for this new law,...more

InterConnect FLASH! No. 37 - New York: From Recently Reasonably Relaxed to Somewhat Concerned

A few weeks ago we reported in a FLASH publication about New York’s Governor signing into law the New York State Commercial Goods Transportation Industry Fair Play Act. Our assessment of the substantive content contained in...more

Employee or Independent Contractor? – If You Have the Right to Control Them, They’re Yours

When we analyze the question whether a worker is an employee or an independent contractor, we usually approach the issue from the point of view of the Connecticut Department of Labor and apply the “ABC” test, or from the...more

New York Law Makes Misclassification Of Workers In The Transportation Industry More Costly Than Ever

Executive Summary: New York Governor Andrew Cuomo has signed the "New York State Commercial Goods Transportation Industry Fair Play Act," which will have a significant impact on employers in the transportation industry by...more

New York's Fair Play Act Changes Rules of the Road for the Commercial Goods Transportation Industry

The New York State Commercial Goods Transportation Industry Fair Play Act, which takes effect March 11, 2014, will change the commercial delivery landscape in New York by making it harder for companies to treat its drivers as...more

New York State Takes Aim at Worker Misclassification: The Commercial Goods Transportation Industry Fair Play Act

On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act). The Act amends the New York Labor Law to create a presumption that any person...more

Massachusetts Federal District Court Decision Reminds Employers Yet Again That They Should Not Trifle With the Independent...

Not gonna happen. That’s what the United States District Court for the District of Massachusetts basically concluded about independent contractor arrangements in Massachusetts....more

New Jersey Governor Vetoes Bill To Punish Misclassification Of Trucking Business Employees

On September 9, 2013, New Jersey Governor Chris Christie issued an absolute veto to a bill (A1578) that would have had a serious impact on trucking industry employers in New Jersey. As we previously discussed in the September...more

California Trucking and Shipping Companies Must Evaluate Owner/Operator Relationships in Light of Los Angeles Superior Court...

Trucking companies that operate in California and also utilize independent contractor “owner-operators” to ship goods throughout the country must re-evaluate whether or not the contractors are misclassified in light of the...more

Labor & Employment E-Note - July 11, 2013

In This Issue: - High Court Makes it Harder for Workers to Sue in Bias Cases - High Court to Decide on Obama's NLRB Recess Appointments - Criminal Background Checks May Violate Civil Rights Act, EEOC Says -...more

5th Circuit Holds No Coverage for Trucking Accident

In its recent decision in Canal Indem. Co. v. Rapid Logistics, 2013 U.S. App. LEXIS 3772 (5th Cir. Feb. 22, 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion to consider whether...more

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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