Topic
worker classification
979 published works
Who Is My Employee?
Don’t Get Armboxed: Strict ABC Test Results in $100 Million Misclassification Liability
In Russia, a new variant on boxing involves chaining the two combatants to opposite sides of a podium, with one arm of each boxer immobilized. They then pound each other…
Hall Benefits Law Blog
DOL Secretary Defends Worker Classification Approach
By Anne Hall
During a recent congressional hearing, U.S. Department of Labor (DOL) Secretary Marty Walsh addressed the DOL’s approach to misclassifying workers as independent contractors and employees’ freedom to join unions. Walsh…
Wage & Hour - Developments & Highlights
A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action
When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a…
Hall Benefits Law Blog
New Florida Law Protects Employers That Aid Independent Contractors in Emergencies from Misclassification Claims
By Anne Hall
Florida employers that utilize independent contractors now can assist them during declared emergencies without fear of employee misclassification claims. Florida Governor Ron DeSantis recently signed Senate Bill 542 into law,…
Workers Compensation Watch
“Worker Flexibility and Choice Act” shows how worker misclassification is destigmatized, normalized
By Jon Rehm
The WFCA will create all sorts of problems with unemployment insurance claims handling and more litigation over waiver enforceability. While it may not impact workers’ compensation directly, it will likely…
Lawrina Blog
Employee vs Independent Contractor: What’s the Difference
Let’s assume you need an expert designer, copywriter, or another professional degree holder to complete specific tasks for your business needs. A decade ago, everyone considered the employer/employee model the…
Inside Class Actions
Ninth Circuit Gives Teeth To Predominance in Voiding a Misclassification Suit Win
By Andrew Soukup, Sonya Winner
A recent Ninth Circuit decision continues to emphasize how, post-Comcast, defendants should look for ways to characterize individualized issues as questions of liability, not questions of damages. In Bowerman v.…
New York City Law Blog
Has your employer misclassified you?
The way an employer classifies your employment can dictate much more than you might realize, from the amount you get paid to your rights in the event of an accident.…
Hall Benefits Law Blog
CA Appellate Court Rejects Uber’s Arbitration Agreement for PAGA Claims
By Anne Hall
A California appellate court has upheld the decision of a trial court to deny Uber’s petition to compel arbitration in a case involving the worker misclassification of a former Uber…
Labor & Employment Law Perspectives
New Florida Law Helps Shield Employers Who Assist Independent Contractors during Emergencies
When it comes to independent contractor classification, human resources professionals can often feel no good deed goes unpunished. While (depending on context and location) there are a variety of tests…