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Misclassification

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

by Fisher Phillips on

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

by Fenwick & West LLP on

In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more

Take Out and Classification Take-Aways: Federal Court in California Finds Food Delivery Drivers Are Independent Contractors

In the first federal court in California to issue a rule on classification of gig-economy workers, the Northern District of California recently concluded that restaurant delivery drivers are properly classified as independent...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

California District Court Finds Grubhub Driver is Not an Employee: Too Soon to Order Celebratory Takeout?

So-called “gig economy” employers rejoiced on February 8, 2018, when, in Lawson v. Grubhub, Inc., Case No. 15-cv-05128-JSC, U.S. District Judge Jacqueline Scott Corley held that Plaintiff Grubhub independent contractor...more

Court Finds Individualized Issues Predominate And Grants Company’s Motion To Decertify Branch Administrators’ Class

by Jackson Lewis P.C. on

The United States District Court for the Southern District of Indiana recently decided a case highlighting the importance of clear employer policies when it comes to wage payment issues. In Smith v. Professional...more

Benefits for the Gig Workforce: Is there a Solution that Won’t Defeat the Business Model?

by Fisher Phillips on

Offering health, retirement, and workers’ compensation benefits to the varied gig workforce, while maintaining some affordability to the worker while also avoiding the 30 percent cost increase to businesses, has proven to be...more

Real Estate and Construction Newsletter - February 2018

by Barley Snyder on

Pennsylvania Construction Contractors Under The Gun For Misclassifying Employees As Independent Contractors - Pennsylvania has been sending a strong message to contractors that it is enforcing a law penalizing contractors...more

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

by Stinson Leonard Street on

Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

by Carlton Fields on

The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

Grubhub Wins First Independent Contractor Misclassification Trial in the Gig Economy

by Holland & Knight LLP on

Independent contractor misclassification claims have been percolating through the courts for years. Some were swept away by a wave of federal preemption, which has subsided. Others found their way to the summary judgment...more

Fitting a Square Peg Into a Round Hole: Worker Classification in the Gig Economy

by Ballard Spahr LLP on

In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more

Courts Deny Certification for Adequacy of Representation in Second Class Action

by BakerHostetler on

One of the tactics in the current plaintiffs’ wage and hour playbook is to bring a second claim after settlement of an initial class or collective action lawsuit. In these cases, the second set of claims is purportedly...more

A Win for "Gig-Economy" Employers in California

by Hinshaw & Culbertson LLP on

In a win for California’s “gig economy employers,” a California District Court held earlier this week that Chicago-based GrubHub, Inc. properly classified a food delivery driver as an independent contractor, not an employee....more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

by Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Misclassification Claims Threaten Gig Economy Business

by Pepper Hamilton LLP on

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

First Gig Economy Trial Decision: Independent Contractor

by Rumberger Kirk & Caldwell on

The Lawson v. Grubhub, Inc., trial has been closely monitored by those in the gig economy, since it is the first trial to address the classification of “gig” workers....more

Wage and Hour Law

A. Federal Court Decisions - 1.No Administrative Exemption for Mortgage Underwriters - In McKeen-Chaplin v. Provident Sav. Bank, 862 F.3d 847 (9th Cir. 2017), the Ninth Circuit reversed the district court’s holding that...more

A Blueprint For Contractor Classification Success, As Taken From The Grubhub Trial Victory

by Fisher Phillips on

By now, you’ve probably heard the good news: a federal judge yesterday ruled in favor of Grubhub and pronounced that a delivery driver who was challenging the independent contractor classification model was not, in fact, an...more

Faulty Statistics Lead to Decertification of California Wage and Hour Case

by BakerHostetler on

Nearly four years ago, the California Supreme Court issued its decision in the case of Duran v. U.S. Bank National Ass’n, 59 Cal. 4th 1 (2014), in which it virtually catalogued the many problems inherent in the plaintiffs’...more

Victory For Grubhub In First-Ever Gig Economy Trial - Three Things All Gig Economy Companies Need To Know About Decision

by Fisher Phillips on

In what is believed to be the first time in our nation’s history that a trial court has reached a judicial merits determination in a gig economy misclassification case, a federal judge in California ruled in favor of the...more

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

by Fisher Phillips on

Early last month, we told you that a critical trial ruling in a gig economy misclassification case could be put on hold because a separate court was mulling whether to loosen the test to make it easier for workers to succeed...more

Web Exclusive: January 2018: The Top 18 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 each month in 2017—and if January is any...more

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