Topic
worker classification
979 published works
Who Is My Employee?
Here’s a Visual Showing the Impact of Misclassification Claims
(Not this visual. Keep reading!) Last week I was in Boston, spending time with many of my favorite people at our BakerHostetler Labor and Employment Group Retreat. I always enjoy…
California Employment Law Update
Gig Workers: 2, California: 0 in Ongoing Fight for Independent Contractor Status
The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit…
Employment & Labor
Hospitals May Risk Penalties with Use of “Gig” Nurses
By Erin Sutton, Daniel (Danny) R. Simandl
As health care entities around the country face staffing shortages, hospitals have started to turn to apps to fill nursing shifts. New apps allow hospitals to engage nurses as independent…
Who Is My Employee?
What Happens to Joint Employer and IC Tests if Labor Sec. Nominee Julie Su is Confirmed?
There are quite a few songs about gals named Sue. There’s “Peggy Sue,” “Wake Up Little Susie,” “Susie Q,” and “Runaround Sue.” There’s a even a song about a “Boy…
Kirakosian Law Blog
Labor Commissioner Rules in Favor of Truck Drivers in Employment Classification Suit
In April 2019, the California Labor Commissioner ruled in favor of truck drivers who were classified as independent contractors instead of employees by a trucking company operating at the Port…
California Workplace Law Blog
The Status of Independent Contractors in California in 2023
Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and…
Kirakosian Law Blog
Employment Law In California Means Proper Classification. Here’s Why.
As an employee, you may not always know whether you’re classified as an employee or an independent contractor – especially under Employment Law in California. However, the distinction is important…
GT L&E Blog
Ninth Circuit Revives Claim That A.B. 5 Violates Equal Protection Clause
By Samuel S. Hyde, Jagpal Takhar
Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in…
Dykema Labor & Employment Law Blog
Cannabis Employee Misclassification Case Moves Forward in Federal Court
On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”).…
Cannabis Law Blog
Cannabis Employee Misclassification Case Moves Forward in Federal Court
On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”).…