News & Analysis as of

Misclassification Retailers

Downs Rachlin Martin PLLC

Vermont Legislative Update | January 2022

Business - Short-term Rental Registry – The Senate Committee on Economic Development, Housing and General Affairs took testimony on S.210, a Rental Registry bill intended to replace last year’s S.79 which was vetoed by...more

Cozen O'Connor

Employment Law Now IV-79- The U.S. DOL's Proposed New Independent Contractor Rule

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Just weeks before the Presidential election, the United States Department of Labor has issued a proposed new rule to define "independent contractors" for purposes of federal law. In today's new episode, Mike Schmidt is joined...more

Robins Kaplan LLP

Financial Daily Dose 8.13.2020 | Top Story: Uber and Lyft Warn Gig-Worker Ruling Could Push Them Out of California

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Ride-hailing companies Uber and Lyft are warning that California’s new moves forcing them to classify their drivers as employees could force them both to shutter their operations altogether in that state (at least while they...more

BCLP

The ABCs of AB-5: How California’s New Employee Classification Law May Impact Retailers

BCLP on

Following passage and signature into law of California Assembly Bill 5 (“AB-5”), retailers should be aware of how the new law affects whether they can classify workers as independent contractors. AB-5 codifies a decision...more

Fox Rothschild LLP

Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive

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The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge...more

Perkins Coie

Pop-Up for the Holidays

Perkins Coie on

With the holidays just around the corner, many retailers are focused on how to best engage shoppers. Pop-ups are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low....more

Fisher Phillips

Am I My Brother’s Keeper? New California Law Says If You Do Business With a Port Trucking Company Then, “Yes You Are!”

Fisher Phillips on

On September 22, Governor Brown signed SB 1402, a bill that establishes joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation...more

Benesch

Red Sky in Morning, Shippers Take Warning: California’s Dignity in the Driver’s Seat Bill

Benesch on

What’s Happening?: Potential Joint Liability for Drayage Carrier Customers - California retailers and shippers beware. In another move by California lawmakers to deter companies from classifying truck drivers as...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - October 2016

Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more

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

Retail and Hospitality Employers Grapple With the DOL's Final FLSA Part 541 Regulations

For over a year, retail and hospitality employers have been anxiously awaiting the issuance of the U.S. Department of Labor’s (DOL) final overtime regulations—regulations which many had predicted would impact retail and...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Seyfarth Shaw LLP

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

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Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

Troutman Pepper

March 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

Fisher Phillips

Federal Wage Claims? That's The Easy Part!

Fisher Phillips on

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

Polsinelli

The Next Wave of Joint Employment Litigation

Polsinelli on

A looming surge of cases threatens to expand the joint employment doctrine and fundamentally alter the operations of franchisors, retailers, and businesses utilizing independent contractors within the four walls of their...more

Troutman Pepper

January 2015 Independent Contractor Compliance and Misclassification Update

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JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more

Troutman Pepper

$6.5 Million Class Action Settlement Imparts Four Lessons for Companies Seeking to Minimize Independent Contractor...

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A $6.5 million settlement between Lowe’s Home Centers and a class of its home improvement contractors was approved by a federal court judge in California earlier this week. The contractors claim that they had been...more

FordHarrison

New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors

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On January 13, 2015, the New Jersey Supreme Court issued a unanimous decision that will likely have a far reaching effect on employers by severely limiting their ability to classify workers as independent contractors....more

Mintz - Employment, Labor & Benefits...

Employment Law Summer Recap 2014: Part 8 of 11 – New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns

It felt like we were in a dream. Or maybe San Diego. Day after day, 82 degrees and little humidity. In a word: pleasant. We know next summer probably won’t be the same, but we sure enjoyed this one. That’s right – this was...more

Morrison & Foerster LLP

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 2, Summer 2014

In This Issue: - Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents? - Mandatory “Made-In” Labeling in the EU - A New Dawn for California Class Actions - Recent...more

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