Topic
Employee Classification
240 published works
WinTech
Hiring Consultants
Technology companies receive services from a variety of individuals and often use consultants, either for marketing advice, for software development or for other discreet tasks. It’s important to be sure…
SimplyHR
Companies Should Take Heed of Recent Cases Finding Workers Improperly Classified as Independent Contractors
In the last few months, several court decisions have found large classes of workers to be improperly classified as independent contractors rather than employees. These class action cases are filed in federal…
Labor Law Prof Blog
NLRB Rejects D.C.Circuit’s FedEx Independent Contractor Analysis
Last week, the NLRB issued its decision in FedEx Home Delivery, the most recent case addressing FedEx's attempts to classify its drivers as independent contractors. What's notable about this case is that…
World of Employment
9th Cir. Finds FedEx Delivery Drivers Are Employees, Not Contractors
By Ed Piper
Last week, the 9th Circuit held in two related cases from California and Oregon that FedEx misclassified approximately 2,600 delivery truck drivers as independent contractors, rather than as employees. The cases—Alexander…
Michigan Employment Law Advisor
Proposed Changes Affecting Employment at Michigan Home Help Care Agencies
By Jason Shinn
When it comes to establishing basic terms and conditions of employment, such as hiring someone as an independent contractor or as a W-2 employee, business owners generally enjoy significant leeway.…
California Employment Law Report
Friday’s Five: Five areas of liability facing California employers
1. Meal and rest breaks. If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 2. Exempt vs. non-exempt…
Wage & Hour Insights
Are You Secretly Running a Construction Business? State Law Says You Might Be!
I promise that this post isn’t a bad setup to a joke about The Sopranos, the mafia, or being in “waste management.” Late last month, I spoke at a regional…
California Employment Law Update
Trial Court Must Determine Whether Action Challenging Independent Contractor Status Could Proceed As A Class Action
By Tony Oncidi
Ayala v. Antelope Valley Newspapers, Inc., 2014 WL 2924954 (Cal. S. Ct. 2014) Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery…
Wage & Hour Insights
You Load 16 Tons, What Do You Get: A Worthless Franchise!
Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit…
California Employment Law Update
Injured Truck Driver May Not Have Been Employee
By Tony Oncidi
Global Hawk Ins. Co. v. Le, 2014 WL 1478514 (Cal. Ct. App. 2014) Jerry Le was one of two truck drivers on a cross-country trip for V&H Transport for which…