Topic
worker classification
979 published works
Lone Star Bench & Bar
In Other News, Trump’s DOL Withdraws Guidance on Joint Employment and Independent Contractor Classifications
Thank you Fox Rothschild LLP's Steven Ludwig for forwarding this to me. Yes, there are other developments going on with the Trump Administration that have nothing to do with Russia, Twitter,…
Workers’ Compensation Law Prof Blog
Walmart “Crowdsourcing”: Worker’s Compensation Considerations in Utilization of Employees to Make Deliveries During their Homeward Commute
The Washington Post recently featured a story about Walmart’s apparent plan to use employees commuting home to deliver packages to customers’ homes as part of the “last-mile” portion of the…
Employment Class Action Blog
Professional Cheerleader Case Presents Independent Contractor and Joint Employer Lessons
By Greg Mersol
Unlike, say, mortgage loan officers or computer programmers, the population of professional cheerleaders is relatively small, but an ongoing case involving independent contractor and joint employer issues for one such…
Employment Law Worldview
Unclear and present danger – incorrect use of “Independent Contractor” arrangements may have expensive consequences
The ever-vexed question of whether a worker is an employee or independent contractor has once again come before the Australian courts. The recent decision of Balemian v Mobilia Manufacturing Pty…
Roger Royse Articles
Lobbying for Legislation to Protect Your Worker Classification
By Roger Royse
Under current law, there is a presumption that workers are employees, and the IRS will aggressively pursue collection activities against employer-taxpayers that inappropriately classify employees as independent contractors. There is…
Wage & Hour - Developments & Highlights
Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime
You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case…
Wage & Hour - Developments & Highlights
Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks
I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another…
Labor & Employment Law Blog
Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among Proposed Class Members
By Richard J. Simmons, Brian Murphy, Lisa Lewis, Matthew Tobias
The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class…
Tax Controversy 360
IRS is Required to Search Tax Return Information Records to Help Determine Worker Classification
By Ruth Wimer, Robin L. Greenhouse, K. Christy Vouri-Misso, Andrew R. Roberson
On April 5, 2017, in an unanimous court reviewed opinion, the United States Tax Court determined that disclosure of a worker’s tax return information to absolve the employer from liabilities…
Employment Class Action Blog
Chipotle Wins One, Loses One, in Wage and Hour Class Litigation
By Greg Mersol
A Tale of Two Cases . . . We’ve commented on numerous occasions about the peculiar paths taken by wage and hour class litigation, particularly with respect to collective actions…