Topic
worker classification
979 published works
Employment & Labor
DOL Issues Guidance for Determining Whether Registries are Employers of Home Caregivers in the “Gig Economy”
By Brian W. Steinbach, Nathaniel M. Glasser
Health care registry companies provide families and their loved ones with peace of mind by providing matchmaking and referral services for qualified, pre-screened and vetted home caregivers. They often also…
Employment Class Action Blog
Federal Circuit Affirms Dismissal of Independent Contractor Misclassification Claims
By Greg Mersol
My father grew up in Nazi-occupied Europe during World War II and would tell the story of how an official would come to his family’s home to modify their radio…
Independent Contractor Misclassification & Compliance
Home Care and Nursing Registries Are Subject of New Independent Contractor Guidance
By Richard Reibstein Esq. of Littler Mendelson P.C.
The home health care industry has been targeted in the past for independent contractor misclassification by the U.S. Department of Labor and state workforce agencies, particularly with respect to home…
California Employment Law Update
Successive Class Action Was Not Barred By Statute Of Limitations
By Tony Oncidi
Fierro v. Landry’s Rest. Inc., 23 Cal. App. 5th 325 (2018) Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified…
Wage & Hour - Developments & Highlights
Yet Another Assistant Manager Collective Action: Will They Never End?
I have often written about the scourge of Assistant Manager class actions. The employee category is particularly subject to this kind of lawsuit as these workers often perform some non-exempt…
Employment & Human Rights Law in Canada
Employee or Independent Contractor? The Effect of Bill 148
By Lisa Stam
One Bill 148 amendment that could hit businesses hard is the tightening of the law around who is an employee. In the event of a misclassification — an independent contractor…
Employment Class and Collective Action Update
Gig-Economy Delivery Couriers are Not Employees, New York Court Rules, Reverses Unemployment Board
By Godfre Orion Blackman, Stephanie L. Adler-Paindiris
A delivery courier fired by app-based Postmates is an independent contractor, not an employee entitled to unemployment insurance benefits, the Third Judicial Department of the New York Supreme Court has…
Workers’ Compensation Law Prof Blog
Don’t Get Hit by or in an Amazon Van
All the issues we have seen emerging from employee classification—or misclassification—were likely to come to a head in the context of a large multistate employer. And Amazon is the perfect…
Global Workplace Insider
UK Supreme Court holds that plumber engaged by Pimlico Plumbers was a “worker” and not a self-employed contractor
By Russell Kott
The Supreme Court has dismissed the latest appeal by Pimlico Plumbers Ltd (the Company) against the employment tribunal’s decision that one of its plumbers, Mr Smith, was a “worker” under…
GT L&E Blog
Dynamex and the Future of Independent Contractors
By Greenberg Traurig, Greenberg Traurig
James M. Nelson authored an article for The Recorder titled "Dynamex and the Future of Independent Contractors (and Perhaps Freedom of Contract) in California." The article discussed a recent game-changing California Supreme…