News & Analysis as of

Unpaid Overtime Employer Liability Issues Independent Contractors

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

Fisher Phillips on

In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Weintraub Tobin

Legislative Update: Intentional Wage Theft Could Result in Criminal Liability

Weintraub Tobin on

On September 27, 2021, Governor Newsom signed AB 1003 into law. AB 1003 adds a new type of grand theft to Penal Code section 487m for an employer’s intentional theft of wages in an amount greater than $950 (from any one...more

Bradley Arant Boult Cummings LLP

Sixth Circuit Scrubs Attempted Snub of Arbitration of Grubhub Paystub Hubbub

There have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees,...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

Jackson Walker on

Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

Fisher Phillips

Oldest Nationwide Misclassification Case Against Uber Gets Settled For $1.3M

Fisher Phillips on

The first-ever national misclassification case brought against Uber has now been put to bed. A federal court judge in North Carolina yesterday gave her blessing on a $1.3 million settlement wrapping up the litigation, handing...more

Payne & Fears

Key California Employment Law Cases: October 2018

Payne & Fears on

This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Epstein Becker & Green

A Look Back on Wage and Hour Developments in 2018: Blockbuster Cases, FLSA Amendments, and More

Epstein Becker & Green on

Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of...more

Foley & Lardner LLP

Wage and Hour Compliance – Better Guard Your Own Parking Spot

Foley & Lardner LLP on

Many companies at one time or another get overtime compliance wrong, at least to some degree. It’s an expensive topic. Liability under federal law for failing to correctly pay overtime comes at the hefty price of all unpaid...more

Fenwick & West LLP

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Benesch

InterConnect FLASH! No. 65 - Shipper’s Control Over Courier’s IC Drivers Results in Adverse Joint Employer Ruling

Benesch on

Recently the U.S. District Court for the Southern District of West Virginia determined that Co-Defendants, Omnicare, Inc. (“Omnicare”) and Act Fast Delivery of West Virginia, Inc. (“Act Fast”) were acting as joint employers...more

Littler

These Foolish Things – The Oddest Employment Issues of the Past Year

Littler on

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

Mintz - Employment Viewpoints

2016 Massachusetts Employment Law Year In Review

2016 Massachusetts Employment Law Year in Review - From case law interpreting one of, if not, the most employee-friendly independent contractor statute in the country to Beacon Hill’s efforts to pass non-competition...more

Troutman Pepper

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

Troutman Pepper on

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

Troutman Pepper

October 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

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

Laner Muchin, Ltd.

Increased Litigation Of Worker Misclassification Cases Should Place Employers On Notice Of Potential FLSA Violations

Laner Muchin, Ltd. on

Worker misclassification violations under the Fair Labor Standards Act (FLSA) continue to be at the forefront of the U.S. Department of Labor's (DOL) enforcement priority list and of the plaintiffs' bar, which has filed...more

Troutman Pepper

February 2015 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

BakerHostetler

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

BakerHostetler on

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

Holland & Knight LLP

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

Holland & Knight LLP on

Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as...more

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