Topic
Employee Classification
240 published works
The Retirement Plan Blog
Independent contractor or employee? Employee classification still a high priority enforcement matter
By Jerry Kalish
Remember that kids' game, Animal, Vegetable, or Mineral? You had to guess into what category the object fell. Well, today in business, there is a similar question. Independent contractor or…
California Employment Law Update
FedEx Drivers Were Employees For Purposes Of Obtaining Reimbursement For Expenses
By Tony Oncidi
Estrada v. FedEx Ground Package Sys., Inc., 154 Cal. App. 4th 1 (2007) Anthony Estrada, a former driver for FedEx, alleged unfair business practices under Business & Professions Code §…
California Employment Law Update
Insurance Claims Adjusters Are Not Exempt From Overtime
By Tony Oncidi
Harris v. Superior Court, 154 Cal. App. 4th 164 (2007) Plaintiffs, members of four coordinated class actions filed against two insurance companies, alleged they were improperly classified as exempt employees…
Labor Law Prof Blog
More on Independent Contractors vs. Employees
Update: Thanks to Hank Leland for supplying me with this report on worker classification for tax purposes from the U.S. Congress Joint Committee on Taxation. And here is more from…
The Retirement Plan Blog
NFL gets sacked by IRS on employee/independent contractor issue
By Jerry Kalish
Here is another example about the importance of properly classifying your employees. Frank Steinberg in his New Jersey Law Blog tells us that the NFL Loses to IRS regarding how…
California Employment Law Update
Trial Court Properly Refused To Certify Class Of Grocery Managers Exempt From Overtime
By Tony Oncidi
Dunbar v. Albertson's, Inc., 141 Cal. App. 4th 1422 (2006) Maurice Dunbar, a grocery manager for Albertson's, filed this class action in which he asserted that he and other similarly…
Labor Law Prof Blog
PING: Employee or Not?URL: http://www.strategichrlawyer.com/weblog/2006/04/employee_or_not.htmlIP: 64.207.133.176BLOG NAME: Strategic HR LawyerDATE: 04/07/2006 02:14:26 AMThis quick post on the Workplace Prof Blog reminds us of the importance of properly classifying employees. I can’t tell you how many times someone has told me that there are two types of employees – regular ones and “1099…
In most of the employment law classes I teach, one of the first topics covered, by necessity, is whether a given individual is an employee or an independent contractor under…
California Employment Law Update
Manager Was Non-Exempt, And Meal/Rest Break Claims Were Subject To One Year Statute Of Limitations
By Tony Oncidi
Murphy v. Kenneth Cole Productions, Inc., 134 Cal. App. 4th 728 (2005) Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store,…
California Employment Law Update
Employer Permitted To Deduct For Partial-Day Absences From Exempt Employees’ Vacation Accruals
By Tony Oncidi
Conley v. Pacific Gas & Elec., 131 Cal. App. 4th 260 (2005) Two senior new business representatives and two engineers of PG&E filed this class-action lawsuit, alleging that they and…
California Employment Law Update
Field Service Engineer May Not Be Exempt “Administrative” Employee
By Tony Oncidi
Bothell v. Phase Metrics, Inc., 299 F.3d 1120 (9th Cir. 2002) Rex Bothell, a former field service engineer employed by Phase Metrics, Inc., alleged that he had been improperly classified…