Topic
worker classification
979 published works
Wage & Hour - Developments & Highlights
Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors
The vast majority of FLSA class actions result in settlements, as few employers, frankly, are hardy enough to go to trial and risk even more. An interesting settlement has just…
Connecticut Employment Law Blog
Independent Contractors: Can You Still Use Them?
A while back, I got this question: Can we still use independent contractors for our business? This answer is certainly yes. But you wouldn't know it from all the headlines…
Wage & Hour Litigation Blog
Signs of (American United) Life for Independent Contractor Status in Massachusetts
Authored by Patrick Bannon and Anne Bider Independent contractor misclassification claims have become an epidemic -- nationally and especially in Massachusetts. Under most tests for independent contractor status, whether an individual’s…
Law and the Workplace
North Carolina Governor Signs Executive Order on Worker Misclassification
By Carolyn M. Dellatore, Guy Brenner
On December 18, 2015, North Carolina Gov. Pat McCrory signed an executive order establishing an “Employee Classification Section” within the state’s Industrial Commission. The Order, which took effect immediately, tasked…
Independent Contractor Misclassification & Compliance
Update in Ride-Sharing Company’s Independent Contractor Misclassification Class Action
By Richard Reibstein Esq. of Littler Mendelson P.C.
Yesterday, a federal court in San Francisco issued a ruling invalidating the arbitration clauses in Uber's driver agreements, which if enforced would have foreclosed thousands of drivers from being covered…
California Workplace Law Blog
Worker Misclassification Risk? Top 10 Questions to Ask about Your Independent Contractors
Employers’ risk of liability for the misclassification of workers continues to grow, as employee misclassification remains a top enforcement priority for the U.S. Department of Labor (“DOL”), and class actions…
Labor Relations Law Insider
And Around And Around We Go
By Terry Potter
In the NLRB’s never ending expansion of its jurisdiction, it has agreed to reconsider whether graduate teaching assistants at private non-profit universities are entitled to collective bargaining under the National…
Labor Law Prof Blog
Worker Misclassification Suit Against Amazon
There has been much discussion recently about the treatment of workers in the gig industry. Similarly, Amazon has found itself oft-criticized for the treatment of its workers. As reported by…
Labor & Collective Bargaining
NLRB’s Camelot: A Less Congenial Spot for Happy Independent Contracting
By Linda L. Ryan, Howard M. Bloom, Philip B. Rosen
Trying to keep track of the “tests” that various government agencies use to determine whether an individual is (or is not) an independent contractor? Don’t ignore the National Labor Relations…
Labor Law Prof Blog
On Worker Classification and Worker Flexibility
The Uber litigation (O’Connor v. Uber Technologies) and its progeny have inspired many to tackle the employee-independent contractor puzzle as applied to the so-called “on-demand” economy. We’ve highlighted some of…