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worker classification

979 published works

  1. 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).…

  2. 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,…

  3. Wage & Hour - Developments & Highlights

    Third Circuit Rules on Two Class Actions in Same Decision and Opines on Doctrine of Pendant Jurisdiction

    By Fox Rothschild LLP

    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…

  4. 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…

  5. 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…

  6. Who Is My Employee?

    What It Means to “Suffer” in California, Independent Contractor Version

    By Todd Lebowitz

    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,…

  7. 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…

  8. Wage & Hour Litigation Blog

    The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

    By Seyfarth Shaw LLP

    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…

  9. Workers’ Compensation Law Prof Blog

    A Part-Time Professor’s Recommendations for Holiday Workers’ Compensation Book Giving (The Best Books I Read, 2018)

    By David B. Torrey

                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…

  10. 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…