Topic
worker classification
979 published works
Ogletree Deakins Insights
New Jersey Department of Labor Issues Mandatory Misclassification Poster
By Publisher
In January of this year, New Jersey enacted a package of laws designed to root out and punish misclassification of employees as independent contractors.
Employment Class Action Blog
A Lawful Job Description Doesn’t Support Conditional Certification
By Greg Mersol
Virtually every brief seeking conditional certification will point to an employer policy that allegedly ties the collective or class together. But as a growing number of courts are recognizing, a…
Employee Benefits Blog
Pandemic Unemployment Aid Intensifies Debate Over Classifying Gig Workers
The federal Pandemic Unemployment Assistance program extends relief to workers and employees who don't have access to state benefits, but it will almost certainly put pressure on gig economy companies…
ContractsProf Blog
The Irony of Efficiency and Mass Arbitration
Readers of this blog know that mandatory arbitration clauses lurk in all kinds of standard form contracts, including those that govern the relationship between companies and their workers (whether these…
Wage and Hour Defense Blog
California Attorney General’s Misclassification Suit Against Ride Share Companies Sets the Stage for a November Showdown
For those of you who may have been wondering whether the California Attorney General’s office was still open during the statewide stay-at-home order triggered by the coronavirus, the answer is…
Gig Employer Blog
Would The Mandalorian Be Considered An Employee Under California’s Misclassification Test?
Not so long ago – 2019, to be exact – in a state not so far, far away – California – lawmakers passed the nation’s most controversial misclassification law to…
Employment Law Watch
Virginia adopts a wave of new employment laws. Part 2 – Worker classification and clampdown on restrictive covenants
By Betty S.W. Graumlich, Mark Passero, Noah Oberlander
As we previously reported on April 23, 2020, in the midst of the COVID-19 pandemic that is dominating the news, Virginia Governor Ralph Northam signed into law a slew of…
Employment Class Action Blog
Maryland District Court Grants Summary Judgment Against Collective Class in Claimed Misclassification Case
By Greg Mersol
Misclassification cases are grist for the mill in wage and hour litigation. As we have pointed out previously, the typical pattern is for the plaintiff to assert claims for unpaid…
Wage and Hour Defense Blog
Another California Federal Judge Denies Postmates’ Attempts to Escape Thousands of Individual Arbitrations
We have written here about the efforts of several gig economy companies like DoorDash to avoid having to conduct – and pay for – thousands of individual arbitrations alleging that…
Employment Class Action Blog
Maryland District Court Refuses Conditional Certification of Proposed Class of Grocery Store Managers
By Greg Mersol
Grocery stores have taken on special prominence as being on the front lines of the current coronavirus pandemic. Just as that role was becoming apparent, the federal district court in…