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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

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

August 2018 Independent Contractor Misclassification And Compliance News Update

August 2018 was a busy month in the area of independent contractor misclassification and compliance including a number of new court filings and decisions, new regulatory initiatives, and new legislation. While none of these...more

July 2018 Independent Contractor Misclassification and Compliance News Update

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

June 2018 Independent Contractor Misclassification and Compliance News Update

This past month was not a particularly newsworthy month in the area of independent contractor misclassification and compliance, but four court cases do provide insights for businesses that rely on ICs. In the first case...more

April and May 2018 Independent Contractor Misclassification and Compliance News Update

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

Questions Left Open by Dymamex, And What Companies Can Do To Enhance Their IC Compliance

When the California Supreme Court issued its groundbreaking decision in the Dynamex case on April 30, announcing a new test to be used in determining independent contractor status under certain California laws, it left open a...more

Oil & Gas Industry Is Next Target for Independent Contractor Compliance Misclassification Lawsuits

A cottage industry for plaintiffs’ class action lawyers has been independent contractor (IC) misclassification lawsuits, and one of the industries taking the brunt of those types of legal proceedings is energy, particularly...more

Prediction: California Supreme Court Will Re-Affirm Existing Test for Independent Contractor Status

On April 30, 2018, the California Supreme Court is expected to issue a decision in a case that could change the legal test as to whether an individual is an independent contractor or an employee under California’s wage and...more

Independent Contractor Bombshell for California Businesses: California Supreme Court Curtails the Lawful Use of ICs

Earlier today, the California Supreme Court established the Golden State as one of the least hospitable jurisdictions in the nation toward independent contractor status. Abandoning its decades-old common law test used to...more

Uber Scores Big Win in Independent Contractor Misclassification Case

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

March 2018 Independent Contractor Misclassification and Compliance News Update

Last month, half of the cases that came to our attention in the area of independent contractor misclassification and compliance involved interesting issues concerning arbitration – and lessons for companies seeking to limit...more

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