News & Analysis as of September 20, 2024

Class Action

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Courts Unlikely to Accept a New NLRB Independent Contractor Test

Locke Lord LLP on 12/29/2021

Earlier this week, the National Labor Relations Board issued an Order inviting the public to file briefs in a case involving the independent contractor status of workers providing makeup and hairstyle services to the Atlanta...more

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

Locke Lord LLP on 1/5/2018

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

September 2017 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on 10/10/2017

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

April 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 5/8/2017

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

March 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 4/3/2017

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 1/10/2017

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

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 5/9/2016

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

August 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on 9/8/2015

August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

Impact of NLRB’s Joint Employer Decision on Independent Contractors: State-of-the-Art IC Agreements Can Protect from...

Troutman Pepper on 8/31/2015

Few independent contractor agreements we have reviewed, even those of Fortune 500 companies, are relatively free from clauses that undermine the IC relationship because such agreements typically contain clauses that retain...more

$228 Million: The Cost of Independent Contractor Misclassification for FedEx Ground in California

Troutman Pepper on 6/15/2015

Yesterday, June 12, FedEx announced in papers filed with the SEC that its Ground Division “has reached an agreement in principle with [drivers] in the independent contractor litigation that is pending in …California [federal...more

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