News & Analysis as of

Wage and Hour Independent Contractors

November 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month’s legal developments in the area of independent contractor misclassification and compliance was notable for some non-class action cases: one where two office workers in New York, who were found by a jury to...more

New North Carolina Law Provides Mechanism for Prosecuting Worker Misclassification

by Womble Bond Dickinson on

On August 11, 2017, the North Carolina Employee Fair Classification Act (EFCA) was signed into law. The new law, which will take effect on December 31, 2017, provides a mechanism that allows workers to more easily report—and...more

Employment Law - December 2017

EEOC Touts ‘Significant Progress’ in FY 2017 Report - Why it matters - The Equal Employment Opportunity Commission commended itself in the agency’s annual Performance and Accountability Report, highlighting “significant...more

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

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

Fourth Circuit Says Mixed-Fleet Drivers Entitled to Overtime

Under the Fair Labor Standards Act, certain drivers of commercial vehicles in interstate commerce are exempt from the law’s overtime provisions. In 2008, Congress amended the FLSA to apply the overtime requirement to drivers...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

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

Lessons to be learned from Uber and Deliveroo

by Dentons on

Aslam and others v. Uber BV and others - Hot on the heels of the article in our last newsletter on Addison Lee and the "gig economy", on Friday 11 November 2017, the Employment Appeal Tribunal (EAT) confirmed an employment...more

[Webinar] Wage and Hour Litigation in the Oil & Gas Industry - December 7th, 12:00pm ET

In the Oil and Gas Industry, wage and hour litigation has skyrocketed over the past five years. Have you been caught up in this litigation? Have you wondered what you need to do right now to avoid future liability?...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

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...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

Beware Of Independent Contractor Agreements With “Work Made For Hire” Language

by Fox Rothschild LLP on

In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In...more

Labor Secretary Again Speaks Out On The Gig Economy

by Fisher Phillips on

U.S. Department of Labor Secretary Alexander Acosta made the news again this week due to his remarks on the ever-growing gig economy and the need for increased legislative attention on this topic. As we discussed in an...more

Federal Employment Taxes: Filing and Payment Requirements for Employers (Part 1)

by McNair Law Firm, P.A. on

Employers that pay wages and other forms of compensation to their employees must comply with federal tax return filing and payment/deposit requirement. Employers that receive services from non-employee contractors and make...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...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

Acosta Wants to Focus on the Gig Economy

by Fisher Phillips on

The on-demand economy recently got some attention from a very powerful source. On October 25, U.S. Department of Labor Secretary Alexander Acosta stated during an event organized by the Jack Kemp Foundation that he believes...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

PAYE and the independent contractor

by Hogan Lovells on

"The agreement states that I am an independent contractor, so why is PAYE being deducted?" Employers are often faced with the question of whether or not to deduct employee's tax (Pay-As-You-Earn/PAYE) from persons who...more

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