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Janitorial Services, Cable Installation, and Door-to-Door and Internet Sales Industries Did Not Fare Well Last Month: May 2022 IC...

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

Is Independent Contractor Misclassification a Violation of the National Labor Relations Act?

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

Home Health Care, Franchise, and Food Industries Under Attack: April 2022 IC Legal News Update

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

Arbitration Clauses May Not Work in All States if Not Well Drafted: March 2022 IC Legal News Update

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

NLRB Issues Unfair Labor Practice Complaint Alleging Misclassification of Independent Contractors Is a Stand-Alone Unfair Labor...

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

What Companies Can Learn From an ERISA Case Alleging Independent Contract Misclassification: February 2022 IC Legal News Update

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

Is There Really a D.C. Crackdown on Independent Contractor Misclassification? January 2022 IC Legal Update

Federal and local officials in Washington, D.C. took steps last month to gear up their counter-attacks against independent contractor misclassification, but companies that have taken meaningful steps to enhance their...more

Non-Partisan Study Shows Overwhelming Majority of Gig Workers “See Themselves as Independent Contractors”: December 2021 News...

Perhaps the most significant development involving independent contractor compliance and misclassification issues in December 2021 received relatively scant attention: a detailed empirical study based on survey results of a...more

Courts Unlikely to Accept a New NLRB Independent Contractor Test

Earlier this week, the National Labor Relations Board issued an Order inviting the public to file briefs in a case involving the independent contractor status of workers providing makeup and hairstyle services to the Atlanta...more

Is the U.S. Supreme Court About to Dive Into the Independent Contractor Misclassification Field? November 2021 IC Law Update

The highlights of independent contractor legal developments in November 2021 focus on interstate transportation workers. Questions addressed by the courts last month included whether ride-sharing workers classified as...more

Pharmacy Deliveries Remain Target for Independent Contractor Misclassification Claims: October 2021 News Update

October was a relatively “slow” month for legal developments in the areas of independent contractor misclassification and compliance. But for companies that engage drivers to distribute pharmaceutical products, a nearly $12...more

New Trend? States Expanding Employment Laws to Cover Independent Contractors

State legislative efforts to expand the coverage of new employment laws to independent contractors in addition to employees continue to emerge. It appears that New York is on the cutting edge of this trend. We highlight...more

What About Vaccination Mandates for Independent Contractors?

The country is focused on vaccination mandates for employees and customers. What about independent contractors? Can companies require them to be vaccinated? The answer to that question may depend on whether the independent...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

CEOs May Be Personally Liable for Independent Contractor Misclassification: July 2021 Update

Most class action cases of independent contractor misclassification are brought against corporate entities. Yet many laws also permit plaintiffs to sue company executives or managers for personal liability in such cases. In...more

Last Mile Independent Contractor Drivers Not Exempt From Arbitration: June 2021 News Update

June was a relatively slow month in the area of independent contractor misclassification and compliance. But it produced what may turn out to be one of the more important judicial decisions in years affecting last-mile...more

Direct Selling and Door-to-Door Sales Under Attack: May 2021 IC News Update

Direct sellers and door-to-door salespersons are frequently classified as independent contractors – and that classification is increasingly under attack, both by class action lawyers and the U.S. Department of Labor, as...more

Ride-Sharing Industry Prevails, While Trucking Industry has More Legal Work to do: April 2021 News Update

April 2021 was a meaningful month for two industries that are hardly strangers to lawsuits involving the status of workers as independent contractors. A federal district court in the District of Columbia issued an extremely...more

Independent Contractor Misclassification Ping Pong

The U.S. Department of Labor today issued a rule yesterday that withdraws the Trump Administration’s regulation setting forth a test to classify workers as independent contractors or employees under the federal Fair Labor...more

Biden Administration’s Withdrawal of Trump’s Independent Contractor Rule: Just as ‎Meaningless as the Rule It Withdrew

Earlier today, the U.S. Department of Labor formally issued a rule that withdraws the Trump Administration’s regulation addressing the test for classifying workers as independent contractors or employees under the federal...more

Arbitration Pacts Alive and Well, Even for Interstate Transportation Workers: March 2021 ‎News Update

Immediately following the issuance of the U.S. Supreme Court’s decision in New Prime v. Oliveira on January 15, 2019, we stated in a blog post that “even if an individual or group of workers is excluded [from arbitration]...more

When It Rains It Pours – Electric Scooter Company Target of Multiple Lawsuits: February 2020 Update

Micro-mobility company Lime, which provides electric scooter and bike sharing to customers through its mobile app, has been targeted by plaintiffs’ lawyers in class action and representative lawsuits attacking one of the core...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

Owner-Operator Drivers Are Independent Contractors, Says Labor Department

Today, one day before the end of President Trump’s Administration, the U.S. Department of Labor issued an opinion letter that certain owner-operator drivers that provide services to a transportation and logistics company are...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

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