News & Analysis as of

Misclassification Wage and Hour

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

by Jackson Lewis P.C. on

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

by Benesch on

Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

InterConnect - Fall 2017

by Benesch on

Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more

November 2017: The Top 14 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 have been an unprecedented number of changes each month in 2017. November was no...more

The Increasing Costs of Contractor Misclassification in the EU: What Companies Need to Know About the New ECJ Ruling

On November 29, 2017 the European Court of Justice (ECJ) ruled that misclassified self-employed contractors who are really workers or employees could claim back holiday pay all the way to 1996—the year that the European...more

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

by Bass, Berry & Sims PLC on

Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more

Holiday Back Pay Calculation Potentially Spans Entire Engagement

by McDermott Will & Emery on

The Court of Justice of the European Union has decided, in the case of King v The Sash Window Workshop Ltd, that where an individual has been mis-categorised as self-employed instead of as a worker, then the associated...more

Uber Loses Appeal in Worker Status Case

by Faegre Baker Daniels on

In Uber BV and others v Aslam and others UKEAT/0056/17, the Employment Appeal Tribunal (EAT) upheld the 2016 employment tribunal decision that Uber’s drivers are workers. As such, they qualify for additional rights including...more

Bill 148 is Now the Law in Ontario, Canada

by Littler on

Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which significantly amends Ontario labour and employment law, has received Royal Assent and is now law....more

Ontario Passes Bill 148, Rolls Out Major Changes to Workplace Laws

On November 22, 2017, the Ontario government passed the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), rolling out major changes to the province’s employment and labour laws, including the Employment Standards Act, 2000...more

UK: Uber Loses Appeal Over Characterization Of Drivers As "Workers"

by Fisher Phillips on

Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

October 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were newsworthy developments in a number of cases in the area of independent contractor misclassification during the month of October. Those cases were brought against companies in an array of different industries...more

October 2017: The Top 11 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 have been an unprecedented number of changes each month in 2017. October was no...more

Addison Lee suffers double defeat in ongoing battle over gig economy rights

by Dentons on

Addison Lee, the London-based minicab and courier company, recently lost two cases in decisions that echo the "gig economy" rulings against the likes of Uber, Excel, City Sprint and Pimlico Plumbers. The claims against...more

Lawyers in GrubHub Trial Make Final Arguments in Independent Contractor Misclassification Case, But Decision Is Unlikely To Be...

by Locke Lord LLP on

The lawyers for GrubHub and the driver who is among thousands who sued the company for independent contractor misclassification made their closing arguments earlier today before federal Magistrate Judge Jacqueline Scott...more

What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final...more

Whatever Happened To...The Wage Claim of Strippers (Or, “Exotic Dancers”) As Employees?

by Shipman & Goodwin LLP on

Back in 2011, I discussed a titillating case of strip club dancers (or, a decision says, “performers”, “entertainers”, “dancers” or even “exotic dancers” — although not “strippers”) who were trying to claim wages for the time...more

Do You Know The ABC’s About Independent Contractors?

Recently, New Jersey’s Appellate Division once again addressed the test used to determine whether a person is an employee or an independent contractor. The plaintiff in Garden State Fireworks Inc. v. NJ Dept. of Labor,...more

Independent Contractor Status And The ABC Test

by Fox Rothschild LLP on

I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and...more

The Changing Landscape of Labor and Employment Law under the Trump Administration

by Cohen & Grigsby, P.C on

Abolishing the Federal Contractor “Blacklisting” Rule - In March 2017, President Trump issued an Executive Order revoking, and signed a resolution disapproving, President Obama’s Fair Play and Safe Workplaces Executive...more

Wage Theft Investigations and Citations in the Construction Industry

This month we share some cautionary tales for employers in the construction industry. During the past several months the California Labor Commissioner has cited or filed suit against several construction companies. In one...more

September 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

More Law Firms Hit With FLSA Misclassification Claims: A Cautionary Tale

by Fox Rothschild LLP on

I have written a number of times about law firms that have been sued in FLSA actions. Another example. Employees have sued two Florida personal injury law firms, alleging that they were misclassified and not properly paid...more

Employee Classification and the Gig Economy - Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia...more

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