News & Analysis as of

Misclassification Drivers Wage and Hour

Ogletree, Deakins, Nash, Smoak & Stewart,...

Classification of App-Based Couriers as Employees in Mexico

App-based couriers in Mexico are now classified as employees under an amendment to the Federal Labor Law published on December 24, 2024, in the Official Gazette of the Federation (Diario Oficial de la Federación). ...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

McAfee & Taft

DOL, NLRB weigh in on classification status of gig economy workers

McAfee & Taft on

While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Affirms That Dynamex’s ABC Independent Contract Test Is Limited To Claims Arising Under Wage Orders

In Jesus Cuitlahuac Garcia v. Border Transportation Group, LLC, et al, the California Court of Appeal, Fourth Appellate District has held that the ABC test set forth in Dynamex Operations West, Inc. v. Superior Court, 4...more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

Fisher Phillips on

It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more

Dorsey & Whitney LLP

California Changes the Gig Economy Game For Independent Contractor Status

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The California Supreme Court issued a ruling yesterday that will affect workers and businesses in the Golden State’s “Gig Economy.” The decision changes the standard to determine whether workers are classified as independent...more

Payne & Fears

Key California Employment Law Cases: April 2017

Payne & Fears on

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

Fisher Phillips

Federal Court Provides Roadmap For Misclassification Success – Sort Of

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Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy - A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more

Fisher Phillips

Is This Your New Roadmap To Misclassification Success? Maybe.

Fisher Phillips on

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

Genova Burns LLC

Uber Scores Victory Compelling Arbitration in Wage & Hour Misclassification Suit

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Just a few days after being in the news and facing consumer boycotts for allegedly seeking to profit as a result of a taxi boycott of JFK International Airport related to President Trump’s immigration Executive Order, Uber...more

Troutman Pepper

June 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

Sheppard Mullin Richter & Hampton LLP

Uber, Lyft Decisions Highlight Difficulty of Classifying Workers in the Modern Economy

“The test the California courts have developed over the 20th Century for classifying workers isn’t very helpful in addressing . . . 21st Century problem[s].” So concluded the court in Cotter v. Lyft, Inc., one of two...more

Proskauer - Law and the Workplace

“Black Car” Drivers Found to be Independent Contractors

Recently, courts in highly-publicized independent contractor misclassification cases in the transportation sector have issued determinations finding the workers to be employees. However, a recent decision from the Southern...more

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