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Independent Contractor Misclassification Lawsuits Involve Record Label Artists, Imam, ‎and Recyclable Sorters: August 2024 IC...

The legal developments in the area of independent contractor misclassification and compliance last month include cases against a record label company, an Islamic Center, and a waste recycling company. Lawsuits for IC...more

Jurors Disagree on Whether Ride Share Drivers Are Independent Contractors or ‎Employees: June 2024 IC Legal News Update ‎

Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more

Can Last-Mile and Logistics Companies Compel Arbitration of Independent Contractor ‎Misclassification Cases? July 2023 IC Legal...

We report on three case developments during July 2023 that raise the question whether last-mile, logistics, and delivery companies alleged to have misclassified drivers as independent contractors can compel arbitration of...more

Illinois Is the Focus of Last Month’s Independent Contractor Misclassification Cases: June ‎‎2023 IC Legal News Update‎

We report below on four case developments during June 2023 in the area of independent contractor misclassification: two of which are centered on Illinois. That state has one of the most stringent statutory tests for...more

Another Unemployment Setback for Gig Economy Companies Using Independent ‎Contractors: April 2023 IC Legal News Update

We reported in our October 10, 2022 blog post that Uber had agreed to pay $100 million in back unemployment taxes to the New Jersey Department of Labor for having classified drivers as independent contractors. Another state...more

Independent Contractor Misclassification Cases Proliferate: January 2023 IC Legal News Update

Case developments last month involved independent contractor misclassification lawsuits in the Southwest, Southeast, and Mid-Atlantic states. While more IC misclassification lawsuits have been brought in California than any...more

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more

Who’s an Independent Contractor? Even More Regulatory Ping-Pong That Doesn’t Change the Law

Earlier today, the Biden Administration’s Labor Department issued a proposed regulation that seeks to define the worker classification test for independent contractor or employee status under the Fair Labor Standards Act...more

More State Workforce Agencies Will Likely Try to Emulate New Jersey’s $100 Million ‎Settlement with Uber: September 2022...

Undoubtedly the most meaningful legal development in September 2022 was Uber’s agreement to pay $100 million in settlement to the New Jersey Department of Labor and Workforce Development for back unemployment taxes. As...more

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more

Not So Fast: January 2021 Independent Contractor Law Update

January 2021 may well be remembered in the independent contractor area of law as the “not so fast” month. The Fifth Circuit Court of Appeals told lower courts “not so fast” when it comes to certifying collective actions. ...more

Labor Department’s Last-Day Opinion Letter: Distributors of Food Products are Independent Contractors

Today, one day before the end of the Trump Administration, the Labor Department issued a series of opinion letters, one of which concluded that certain distributors who resell to retail outlets food products they purchase...more

Polar Opposites Among Independent Contractor Tests: September 2020 News Update

Last month presented a clash between the enactment of a new version of the most restrictive state law test in the nation for independent contractor status and the issuance of a proposed federal regulation that would create...more

Bloggers and Pharmacy Delivery Workers Are Next Group of Workers to Score Large Payouts in Independent Contractor...

Last month’s legal news in the area of independent contractor misclassification and compliance was dominated by two key arbitration decisions by federal circuit courts: one that compelled arbitration of an IC...more

AB2257: Not Much Better Than AB5 for Most Industries in California Using Independent Contractors

Many independent contractors complained of dire consequences after Assembly Bill 5 (AB5) became effective in California on January 1, 2020. Following intense lobbying and public relations campaigns, independent contractors in...more

May 2020 Independent Contractor Misclassification and Compliance Law News Update

May 2020 was not a busy month for the filing of new independent contractor misclassification lawsuits, as some courts were closed for new filings and many lawyers were working remotely. But five cases came to our attention...more

February 2020 Independent Contractor Misclassification and Compliance Law News Update 

This past month was the first month we can recall where there were no legal developments of note involving class action independent contractor misclassification lawsuits, which have become increasingly prevalent. Instead,...more

January 2020 Independent Contractor Misclassification and Compliance Law News Update 

While selected states are in the midst of trying to crack down on independent contractor misclassification, the federal government is trying to clear a path and clarify the tests for independent contractor status under...more

The Past Decade of Independent Contractor Misclassification and Compliance Law

Ten years ago, when we began a legal blog dedicated to independent contractor compliance and misclassification, the landscape of the law involving ICs was quite different than today – although a great deal remains unchanged. ...more

A Solution to the “Five Degrees of Independent Contractor Misclassification”

“Independent contractor misclassification” is a phrase that is misunderstood, misapplied, and misused – constantly. It is used to cover an array of disparate forms of IC misclassification: unpardonable; uninformed;...more

August and September 2019 Independent Contractor Misclassification and Compliance News Update

There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September...more

July 2019 Independent Contractor Misclassification and Compliance News Update

We are often asked, what industries are impacted by independent contractor misclassification? While IC misclassification claims are most prevalent in the construction, transportation, and gig economy businesses, there are...more

December 2018 Independent Contractor Misclassification and Compliance News Update

There were only a handful of independent contractor misclassification cases of significance in December, but each of those matters relate to the subject of prior comprehensive posts on this blog....more

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