The opinion adopts well-established federal law and overturns a 22-year-old California case that held that withholding was not required.
Everyone knows that, when an employer pays wages to an employee, the employer...more
In a long-awaited decision, the Supreme Judicial Court of Massachusetts ruled yesterday that the state independent contractor (IC) law, widely regarded as the most restrictive IC law in the nation, does not apply to licensed...more
This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more
4/6/2015
/ Adult Entertainment ,
Class Action ,
Delivery Drivers ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Independent Contractors ,
Legislative Agendas ,
Lyft ,
Macy's ,
Misclassification ,
Retailers ,
Trucking Industry ,
Uber ,
Wage and Hour
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
A number of our blog posts since October 2010, including our monthly updates beginning in November 2012, have included reports on class action lawsuits by exotic dancers against strip clubs. This industry has, by far, the...more
The President released his Fiscal Year 2016 Budget today, February 2, 2015. In furtherance of the President’s budget request, the Labor Department’s Wage and Hour Division provided a 32-page budget justification to Congress...more
2/4/2015
/ Barack Obama ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Federal Budget ,
Independent Contractors ,
Misclassification ,
Popular ,
Wage and Hour
JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more
2/3/2015
/ ABC Test ,
Class Action ,
Commercial Truck Drivers ,
Construction Industry ,
Construction Workers ,
Cooperation Agreement ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Enforcement Actions ,
Franchise Agreements ,
Franchises ,
Independent Contractors ,
Lowes ,
Misclassification ,
Retailers ,
Trucking Industry ,
Wage and Hour
More than a year ago, the U.S. Court of Appeals for the Third Circuit, in an independent contractor misclassification class action, asked the New Jersey Supreme Court to articulate the test that judges should apply in state...more
The Florida Department of Revenue is the latest state agency to sign a memorandum of understanding with the U.S. Department of Labor seeking to prevent employees from being misclassified as independent contractors (ICs). This...more
This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more
12/3/2014
/ Adult Entertainment ,
Appeals ,
Class Action ,
Commercial Truck Drivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Google ,
Independent Contractors ,
Misclassification ,
Offshore Drilling ,
Oil & Gas ,
Popular ,
Silicon Valley ,
Startups ,
Trucking Industry ,
Wage and Hour
On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more
This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more
9/3/2014
/ AFL-CIO ,
Appeals ,
Class Action ,
Commercial Truck Drivers ,
Construction Industry ,
Discrimination ,
Employer Liability Issues ,
Executive Orders ,
FedEx ,
Independent Contractors ,
Lyft ,
Misclassification ,
Newspapers ,
Trucking Industry ,
Uber ,
Wage and Hour