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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

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

Are You Finding It Hard to Keep up ‎With All the New Employment Laws in New York?

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

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

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

Employee or Franchisee? Or Both? September 2021 News Update

In the same month that 7-Eleven prevailed in a federal court trial where convenience store franchisees claimed they were not independent contractors but rather employees entitled to the protections of state labor laws, a...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

Biden’s Wage and Hour Redux: Same Obama Administrator, Same Budget

Today President Biden announced that he is nominating Dr. David Weil as his Wage and Hour Administrator, the same person who served in that capacity during the Obama presidency. During the Trump Administration, Dr. Weil...more

Independent Contractor Handshake in New York: New Bills Would Establish a Form of “Sectoral” Bargaining for Selected Gig Economy...

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

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

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

No Major Changes; Impact of Final Independent Contractor Regulation Issued Today ‎Is Questionable

On the day the U.S. Department of Labor issued a proposed regulation regarding the classification status of independent contractors, we reported here that the regulation, once finalized, would be “much ado about (almost)...more

Tough Month for Football, Interpreting, Energy, and Trucking Industries in Misclassification Cases: November 2020 News Update

November 2020 was a superb month for ride-sharing and app-based delivery companies and for President-Elect Biden, but was far less favorable to professional sports leagues, interpreting and translation companies, oilfield...more

The Confusing Nature of the Biden Plan for Independent Contractor Misclassification

President-elect Joe Biden’s campaign issued a comprehensive labor plan that seems to focus on empowering unions. But while the title of this campaign platform is “The Biden Plan for Strengthening Worker Organizing, Collective...more

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