News & Analysis as of September 25, 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 -

Employment Flash - September 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 9/27/2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...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

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers

Fisher Phillips on 10/10/2017

The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on 7/25/2017

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 7/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...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

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 2/6/2017

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...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

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 9/9/2016

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

July 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 8/8/2016

Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Be Uber Prepared To Do Business In The Gig Economy

Foley & Lardner LLP on 5/11/2016

Until recently, the word “gig” had two common meanings: - ..A live music performance; and - ..A long trident used to hunt swamp-dwelling amphibians - However, a noted linguist recently crowned “gig” as the...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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