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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

How to Operate in California with Independent Contractors After AB5 Bill Is Signed Into Law

The latest version of Assembly Bill 5, which codifies the California Supreme Court’s Dynamex decision that was issued in April 2018, is about to become law. Dynamex created a so-called ABC test requiring companies to satisfy...more

NLRB Finds Couriers Were Misclassified As Independent Contractors, But Rejects Argument That Misclassification Is a “Stand-Alone”...

The National Labor Relations Board earlier today held that a courier services company misclassified drivers as independent contractors instead of employees, who are protected under the National Labor Relations Act....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

New Jersey Getting Tougher on Independent Contractor Misclassification: Task Force Issues Report With 16 Regulatory and...

On July 9, the New Jersey Misclassification Task Force issued its first Report. The Task Force was created by an Executive Order issued by Governor Phil Murphy on May 3, 2018 and includes representatives from the Labor,...more

June 2019 Independent Contractor Misclassification and Compliance News Update

This past month was relatively uneventful in the area of independent contractor misclassification and compliance news, if one regards a $16.5 million settlement as unremarkable. But the amount of the settlements in IC...more

Conducting Due Diligence for Independent Contractor Misclassification Liability: A Guide for Private Equity Firms and Their...

The publisher of this legal blog and Matthew Kane, the General Counsel and Chief Compliance Officer of Z Capital Group, LLC, wrote an article as guest authors for Private Equity Law Report entitled “How to Evaluate Portfolio...more

April and May 2019 Independent Contractor Misclassification and Compliance News Update

The past two months were two of the busiest ever in terms of judicial decisions involving claims of independent contractor misclassification, administrative and regulatory initiatives, and legislative developments. They are...more

Insurance Agent for Northwestern Mutual Found to be Independent Contractor, Not Employee

In a very favorable ruling for insurance companies, a federal district court on May 6 held that Northwestern Mutual Life Insurance Company had not misclassified as an independent contractor (IC) a life insurance agent who...more

Second Favorable Ruling for Insurance Companies on Independent Contractor Misclassification

Following on the heels of a very favorable decision by a federal appellate court earlier this year that insurance agents for American Family Insurance were not misclassified by the company as independent contractors in a...more

Update on Uber: Company Announces It Is Settling Up to 60,000 Individual Arbitrations Alleging Independent Contractor...

Ride-sharing giant Uber Technologies announced by way of a filing today with the U.S. Securities and Exchange Commission that it has reached agreements to resolve the independent contractor (IC) classification claims of a...more

Is There Anything New or Dramatically Different in the Labor Department’s Opinion Letter on Independent Contractor Status?

Earlier today, the U.S. Department of Labor issued an Opinion Letter on the issue of independent contractor status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who...more

March 2019 Independent Contractor Misclassification and Compliance News Update

Cases reported below for this past month show that large companies remain in the crosshairs of class action lawyers representing workers in independent contractor misclassification lawsuits. Two well-known industry leaders in...more

Impact of Proposed Joint Employer Rule on Independent Contractor Misclassification Claims

Companies that operate their businesses on an independent contractor model or supplement their workforce with ICs are likely to be asking, “Does the proposed new joint employer regulation issued by the U.S. Department of...more

A Tale of Two $100-Million Dollar Independent Contractor Misclassification Settlements

Yesterday, the first $100-million dollar settlement of an independent contractor misclassification case suddenly became a $20-million dollar deal, but on the same day a new nine-figure settlement took its place....more

February 2019 Independent Contractor Misclassification and Compliance News Update

One need only glance at the court cases we report on below to understand why some businesses choose to settle independent contractor misclassification cases.  Three of these cases highlight the unpredictable approaches...more

January 2019 Independent Contractor Misclassification and Compliance News Update

This past month may well be regarded as one of the more legally satisfying for businesses using independent contractors. Courts issued three decisions in favor of companies on the issue as to whether certain workers are ICs...more

Insurance Agents Not Misclassified As Independent Contractors; Sixth Circuit Rules in Favor of Insurance Company in ERISA Class...

For the past 18 months, insurance companies have been holding their collective breath to see if an appellate court would affirm or reverse an Ohio district court decision concluding that thousands of current and former agents...more

Insurance Agents Not Misclassified As Independent Contractors; Sixth Circuit Rules in Favor of Insurance Company in ERISA Class...

For the past 18 months, insurance companies have been holding their collective breath to see if an appellate court would affirm or reverse an Ohio district court decision concluding that thousands of current and former agents...more

Is Your Company on an Independent Contractor Misclassification “Hit List”?

As reported six months ago in an article in the E&P Journal, the oil and gas industry is under attack by plaintiffs’ class action lawyers filing independent contractor misclassification lawsuits. My colleagues Bill Swanstrom...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

November 2018 Independent Contractor Misclassification and Compliance News Update  

While there were no headline-grabbing cases or developments in the area of independent contractor misclassification and compliance during the past month, the first four court decisions reported below provide the basis for two...more

October 2018 Independent Contractor Misclassification and Compliance News Update

October was an eventful month for legal developments in the area of independent contractor misclassification and compliance. In one of the nine cases reported below, the U.S. Department of Labor continues to aggressively...more

September 2018 Independent Contractor Misclassification and Compliance News Update

Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual...more

New Type of Independent Contractor Misclassification Lawsuit: Business vs. Business

It was only a matter of time. For many years, class action lawyers have filed thousands of lawsuits under wage / hour and other employment laws on behalf of individuals who allege they were employees who have been...more

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