Topic
worker classification
979 published works
Employment Law Watch
High court finds independent contractor truck drivers excluded from FAA
By Mara Curtis, Marianne Rittenburg
On Tuesday, January 15, 2019, the U.S. Supreme Court found that truck drivers classified as independent contractors cannot be compelled to arbitrate their claims under the Federal Arbitration Act (FAA).…
Paladini Law Blog
What is the ABC Test in New Jersey?
By Paladini Law - A Tax Law Firm
LinkedIn Twitter Facebook There are several reasons why a New Jersey business might want to classify its workforce as independent contractors. Unlike employees, contractors are not entitled to health insurance,…
Wage & Hour - Developments & Highlights
Third Circuit Rules on Two Class Actions in Same Decision and Opines on Doctrine of Pendant Jurisdiction
In a very interesting and off-beat decision, the Third Circuit has thrown out one class of loan officers who alleged misclassification but let stand the lower court’s decision that certified…
Employment Class Action Blog
California Off-the-Clock Case Involving Independent Contractors Crumbles
By Greg Mersol
Extensive expert report still fails to establish fairness and manageability for trial. A growing number of courts are questioning classwide proof in off-the-clock cases, and those examining expert testimony in…
Independent Contractor Misclassification & Compliance
Is Your Company on an Independent Contractor Misclassification “Hit List”?
By Richard Reibstein Esq. of Littler Mendelson P.C.
As reported six months ago in an article in the E&P Journal, the oil and gas industry is one of those that is under attack by plaintiffs’ class action lawyers…
Who Is My Employee?
What It Means to “Suffer” in California, Independent Contractor Version
This article describes how gestures that are common in the U.S. can have very different meanings abroad. For example, the “ok” finger gesture is a vulgar bodily reference in Brazil, Germany,…
Disability Insurance Claims Law Blog
Benefits Claim of Employee Who Claimed Prior Misclassification Was Preempted by ERISA
By Gregory Dell
In Lavery v. Restoration Hardware, Inc., (D. Mass.), No. 17-10856, March 28, 2018, Plaintiff John Lavery (“Lavery”) filed a claim against Defendant Restoration Hardware, Inc. (“RHI”), based on RHI’s alleged…
Wage & Hour Litigation Blog
The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA
By: Ariel Fenster Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate. Now, the 10th Circuit has jumped into the…
Workers’ Compensation Law Prof Blog
A Part-Time Professor’s Recommendations for Holiday Workers’ Compensation Book Giving (The Best Books I Read, 2018)
I boldly offer here recommendations for holiday book giving for that special lawyer or judge in your life (or, for that matter, you or some other person), who…
California Employment Law Update
Court Provides Further Clarification of CA’s New Independent Contractor Test
By Tony Oncidi
On May 1, we reported about the Dynamex Operations W., Inc. v. Superior Court opinion in which the California Supreme Court adopted a new standard (the “ABC test”) for determining…