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Class Action Employee Definition

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Class Certification and Misclassification

This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more

Stikeman Elliott LLP

Successful Dismissal for Delay Under the Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

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In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the “Court”) dismissed a proposed class proceeding for delay. The decision is noteworthy as it’s the first reported decision that...more

ArentFox Schiff

Class Actions Quarterly Update: Logistics

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Employee misclassification continues to be the largest source of class action litigation in the logistics industry. California Trucking Association v. Bonta May Head to the Supreme Court - Independent contract...more

Locke Lord LLP

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

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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

BakerHostetler

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

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A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the Section 1 exemption of the Federal Arbitration Act (FAA) to mandatory arbitration because they are not a class of...more

CDF Labor Law LLP

Independent Contractors Denied Class Action Status Under the Dynamex ABC Test

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In a rare victory for employers, a California Court of Appeal in Wilson v. The La Jolla Group, 2021 WL 940283 (3/12/2021) affirmed the trial court’s denial of class certification of independent contractors’ wage and hour...more

Locke Lord LLP

Polar Opposites Among Independent Contractor Tests: September 2020 News Update

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Last month presented a clash between the enactment of a new version of the most restrictive state law test in the nation for independent contractor status and the issuance of a proposed federal regulation that would create...more

Steptoe & Johnson PLLC

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

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On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more

Robins Kaplan LLP

Financial Daily Dose 5.6.2020 | Top Story: California Sues Uber and Lyft Over Alleged Violations of State’s New Gig-worker...

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California has sued ride-hailing companies Uber and Lyft over alleged violations of a new state law that requires companies to treat gig workers as employees “if they control how workers perform tasks or if the work is a...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

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On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Seyfarth Shaw LLP

An Employee Not Actually Engaged in the Company’s Core Function—its Primary Revenue Generator—Can Be Administrative Exempt

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Seyfarth Synopsis: In a clarification of the administrative/production dichotomy, the U.S. Circuit Court of Appeals for the Seventh Circuit has held that whether a duty is exempt under the FLSA’s administrative exemption may...more

Morgan Lewis

Seventh Circuit: No FLSA Collective Action Notice For Workers Subject To Individual Arbitration Agreements

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In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny

Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate...more

Genova Burns LLC

Third Circuit Decision Threatens Rideshare Company’s Right to Arbitrate

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The Third Circuit recently opened the door to exempting Uber drivers from the Federal Arbitration Act (“FAA”). In a precedential decision, the Court of Appeals vacated a District Court’s decision compelling arbitration of an...more

Locke Lord LLP

August and September 2019 Independent Contractor Misclassification and Compliance News Update

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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

Robins Kaplan LLP

Financial Daily Dose 9.12.2019 | Top Story: Purdue Pharma Reaches Tentative Comprehensive Opioid Crisis Settlement

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The White House is reportedly nearing a nationwide ban on most flavored e-cigarettes, a direct response to the recent spate of vaping-related illnesses that have affected hundreds across the country....more

Locke Lord LLP

July 2019 Independent Contractor Misclassification and Compliance News Update

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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

Ervin Cohen & Jessup LLP

In Case You Missed It…New Employment Laws in Effect for 2019 (Part 2)

As we collect the legal developments that every employer will need to know for 2020, we wanted to provide a recap of the most important employment law changes that took place for 2019.  In Part I of this article we examined...more

Fisher Phillips

When Does A $20 Million Settlement Feel Like A Bargain? Uber Shows You How

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When the news broke yesterday that Uber had agreed to pay a group of drivers $20 million to settle a long-running misclassification claim, you could be forgiven for thinking that the deal sounded like a massive blow to the...more

Littler

Ontario, Canada Companies Beware: Class Action Lawsuits Alleging Worker Misclassification are on the Rise

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It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. ...more

Fisher Phillips

Oldest Nationwide Misclassification Case Against Uber Gets Settled For $1.3M

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The first-ever national misclassification case brought against Uber has now been put to bed. A federal court judge in North Carolina yesterday gave her blessing on a $1.3 million settlement wrapping up the litigation, handing...more

Locke Lord LLP

December 2018 Independent Contractor Misclassification and Compliance News Update

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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

BCLP

Recharacterization of the relationship between a delivery driver and a digital platform as an employment agreement : a real risk...

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In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a deliverer and a digital platform. The French Supreme Court granted...more

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