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
Three of the five court cases of note in this monthly update involve California’s Assembly Bill 5, which has exponentially increased litigation involving independent contractor misclassification in that state. That...more
Ever since the New Jersey Supreme Court issued its 2015 decision in the Sleepy’s case, establishing an ABC test for wage and hour lawsuits, class action lawyers have targeted companies operating in that state for IC...more
Over 20 states and local jurisdictions have enacted pay transparency laws that are intended to address gender and other forms of bias in the pay received by women and minorities. Some jurisdictions require that companies...more
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
Most employers are generally familiar with the federal Worker Adjustment and Retraining Notification Act (“WARN”), which offers protection to workers by requiring employers to provide notice sixty (60) days in advance of...more
Half of the court cases that we report on below from last month involve legal proceedings related to the sports industry: golf caddies, tennis pros, and sports editors. Misclassification within the multi-faceted sports and...more
This is an important update to the QuickStudy we published on November 9, 2022, shortly after New York City enacted a law requiring the posting of minimum and maximum salary or hour rate range for positions that can be...more
The most publicized legal development in the area of independent contractor law last month involved an opinion issued by a federal appellate court in a gig economy case that generated national attention. In a decision...more
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
If your company operates on a national basis or if you are seeking any remote workers in the U.S., you are probably wondering, how can we possibly comply with the New York City pay transparency law and the hodgepodge of...more
Among the legal developments we report on below from October is a decision by a federal district court in California certifying a lawsuit for independent contractor misclassification as a collective action under the federal...more
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
The Biden Administration’s Labor Department earlier today 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
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
We highlight below the independent contractor misclassification and compliance developments that occurred in July and August 2022, but three deserve special mention. One of the most important judicial developments is a new...more
The U.S. Labor Department has been playing musical chairs in its approach to classifying workers as independent contractors or employees under the federal Fair Labor Standards Act since the middle of the Obama Administration....more
Since the inception of this blog in 2010, we have reported on independent contractor misclassification class actions filed against hundreds of companies in scores of industries. Yet some industries seem to have been targeted...more
Last month, a Regional Director for the National Labor Relations Board (“NLRB”) issued a Complaint and Notice of Hearing that could, if successful, dramatically change the landscape of independent contractor misclassification...more
Three industries suffered setbacks last month in independent contractor misclassification cases, while another targeted industry targeted scored a success. As we have reported in many prior blog posts, class action lawyers...more
A decision by a federal court in New Jersey last month is a reminder to companies that arbitration clauses need to be drafted well in order to succeed. New Jersey courts for many years have been perhaps the most finicky in...more
Does the strict ABC test set forth in the Massachusetts independent contractor law apply to the relationship between a franchisor and its franchisee where the franchisor must also comply with the FTC’s Franchise Rule? That...more
Late last week, the National Labor Relations Board last week issued a Complaint and Notice of Hearing that could, if successful, make the act of misclassifying workers as independent contractors a violation of the National...more
Over the past year there has been a surge of new employment laws and amendments to existing employment statutes in New York State and New York City. They place additional obligations on New York employers and expand certain...more
This past month, the most notable lawsuit alleging independent contractor misclassification was an ERISA claim. ERISA lawsuits by workers alleging independent contractor misclassification can potentially expose companies to...more