News & Analysis as of

Misclassification

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees

by Pepper Hamilton LLP on

On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more

Another Misclassification Win For Gig Economy Businesses - Pennsylvania Federal Court Finds UberBLACK Drivers Are Contractors

by Fisher Phillips on

In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more

Uber Scores Big Win in Independent Contractor Misclassification Case

by Locke Lord LLP on

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

Blank Rome Alert—Gig Economy More Employer-Friendly? Ask Uber!

by Blank Rome LLP on

Spoiler alert! Yesterday, the U.S. District Court for the Eastern District of Pennsylvania handed Uber what the Court described as Uber’s first win on its independent contractor classification for one class of its drivers:...more

Insurance Industry Now Being Targeted for Independent Contractor Misclassification Lawsuits 

by Locke Lord LLP on

Independent insurance sales agents have been treated as independent contractors for decades. But recently, class action lawyers have begun to target insurance companies with claims that insurers have misclassified these sales...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

March 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

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

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more

Proposed California Law Would Establish Portable Benefits For Gig Companies And Address Misclassification Issue

by Fisher Phillips on

As we have previously discussed, one of the hottest gig economy issues to dominate political and public policy debate has been “portable” benefits – the concept that gig economy workers should have flexible, portable benefits...more

Are Franchisees Employees? California Court Says No

In October 2017, four franchisees filed a federal complaint against the global convenience store chain, 7-Eleven, seeking to represent a purported class of over 1,000 similarly situated 7-Eleven franchisees in California. The...more

Oh Thank Heaven, Franchisees Not Employees of 7-Eleven!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this month, a California federal court dismissed the misclassification claims of 7-Eleven franchisees on the pleadings, finding they did not and could not plead facts sufficient to show that they...more

Harvard University Gets Lesson In “Higher Education” In Independent Contractor Case

by Fox Rothschild LLP on

Classification issues are annoying ones, to state the obvious. Especially decisions and issues as to who is and who is not an independent contractor. And, it does not matter whether the defending entity is a mom-and-pop candy...more

You Win Some, You Lose Some: A Review Of Some Recent Misclassification Decisions

by Fisher Phillips on

At the forefront of mind of every gig economy company is the troublesome question of whether its workers are properly classified as independent contractors. Just search our blog for cases involving “misclassification” and...more

Is the "Gig" Up? The On-Demand Economy in 2018

by Payne & Fears on

On February 8, 2018, Magistrate Judge Jacqueline Scott Corley found that couriers for the tech/food delivery service company GrubHub, Inc. (“GrubHub”) were properly classified as independent contractors. Judge Corley made...more

Increased Scrutiny of Worker Misclassification in Ontario

by Bennett Jones LLP on

In November 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. While many changes to Ontario’s employment laws have already come into effect, others are just around the corner....more

Department of Labor Launches New Voluntary Payroll Audit Pilot Program

by Weiner Brodsky Kider PC on

The U.S. Department of Labor’s Wage and Hour Division announced a new nationwide voluntary self-audit pilot program designed to resolve potential violations of the Fair Labor Standards Act (FLSA) by allowing employers to pay...more

USDOL Self-Report PAID Program: Benefits TBD

by Fisher Phillips on

Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Avoid The Dangers Of Misclassifying Employees As Independent Contractors

by SmithAmundsen LLC on

A dangerous misunderstanding persists in the business community that an employer can choose to “1099” its workers, or classify them as independent contractors, so long as there is an agreement between the employer and...more

Uber vs. Drivers: Canadian Court Upholds App Terms

by Field Law on

One of Uber’s drivers, an Ontario resident named David Heller, sued Uber under a class action claim seeking $400 million in damages. What did poor Uber do to deserve this? According to the claim, drivers should be considered...more

Top Five Labor Law Developments For February 2018

by Jackson Lewis P.C. on

1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more

February 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

Last month was a busy and important month for IC misclassification and compliance law. Featured among the ten cases summarized below are the first-ever trial of an IC misclassification case in the on-demand, sharing economy...more

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