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
A set of bills being finalized by the New York State legislature would, if enacted, dramatically alter the landscape of laws affecting independent contractor drivers who provide services to customers of ride-sharing...more
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
6/11/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Insurance Agents ,
Misclassification ,
Popular ,
Uber ,
Wage and Hour
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
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
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
3/13/2019
/ Arbitration Agreements ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Independent Contractors ,
Misclassification ,
Popular ,
Private Attorneys General Act (PAGA) ,
Settlement Agreements ,
Uber ,
Wage and Hour
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
10/11/2018
/ Arbitration Agreements ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Popular ,
Title VII ,
Uber ,
Wage and Hour
Last month was notable for a number of judicial and administrative decisions against companies defending independent contractor misclassification claims. In one case, the plaintiff seeks to use the company’s statements in...more
8/14/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Misclassification ,
Over-Time ,
Ridesharing ,
Uber ,
Unpaid Wages ,
Wage and Hour
The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more
6/11/2018
/ ABC Test ,
Administrative Law Judge (ALJ) ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Corporate Counsel ,
Delivery Drivers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
NLRA ,
Section 7 ,
Uber ,
Unfair Labor Practices ,
Wage and Hour
Yesterday, Uber Technologies, Inc. won a watershed case under federal and state wage laws on the issue of whether Uber drivers are independent contractors, as the company has steadfastly maintained. A federal district court...more
There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more
2/2/2018
/ Class Action ,
Corporate Counsel ,
Criminal Background Checks ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Trucking Industry ,
Uber ,
Wage and Hour
2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more
1/5/2018
/ Class Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FedEx ,
Independent Contractors ,
Lyft ,
Misclassification ,
NLRB ,
Uber ,
Wage and Hour