Topic
worker classification
979 published works
WISE
Department of Labor Provides Narrow View of Who’s An Employee in Gig Economy
By mmacdonald
In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's…
Proskauer on Class and Collective Actions
Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
By Nicole Eichberger, Samantha Shear
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ.…
California Employment Law
Roadmap to Expansion – Independent Contractors From Top to Bottom
The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court continues to change the legal landscape. On May 2, 2019, the 9th Circuit Court of Appeal revived…
Who Is My Employee?
Going Mobile? DOL Endorses Independent Contractor Model for Virtual Marketplace Apps
Long before mobile apps were a thing, Pete Townsend and The Who were already going mobile. In the 1971 song, Townsend sings about the virtues of life on the open…
HR Legal Insider
Classifying an Independent Contractor
Independent contractors can provide valuable assistance to businesses. However, there can be IRS penalties if a business is wrong when classifying someone as an independent contractor rather than as an…
Michigan Employment Law Advisor
Michigan’s Attorney General Announces New Unit to Crack Down on Payroll Fraud
By Jason Shinn
On April 22, 2019, Michigan Attorney General Dana Nessel announced she will establish a Payroll Fraud Enforcement Unit to investigate wage theft. More specifically, this Unit will also investigate the…
Who Is My Employee?
Can You Offer Paid Vacation to Independent Contractors?
Vacation is all the Go-Go’s and their misplaced apostrophe ever wanted. Vacation, had to get away. Vacation, had to be spent alone. Employees want vacation too, and so do independent…
California Workplace Law Blog
Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions
By Benjamin A. Tulis, Hazel U. Poei
On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to exempt certain types of licensed workers. Just as noteworthy…
La Revue
Prestation de services avec les plateformes de mise en relation et requalification en contrat de travail : focus sur l’affaire Take Eat Easy
Le 22 janvier dernier, le Conseil de prud’hommes de Nice reconnaissait la qualité de salarié à 6 anciens coursiers à vélo (CPH Nice, 22 janvier 2019, RG n°F18/00668). Les demandeurs…
Gig Employer Blog
Lyft’s IPO Warns About Misclassification Risks And Local Regulations
By Brett Owens
Lyft recently filed for an initial public offering with the hopes of raising as much as $2.1 billion. As part of its registration statement for its IPO, Lyft acknowledged the…