Topic
worker classification
979 published works
Employment Law Business Guide
The “Misclassification” Battle Wages On: The US DOL Weighs In Again
[caption id="attachment_1931" align="alignright" width="150"] Photo: US Department of Labor - Tim Evanson via Flickr (CC by SA 2.0)[/caption] Unless they have been run out of a cabin in the woods…
Wage & Hour - Developments & Highlights
Goin’ Hollywood: Independent Contractor Lawsuit Targets Freelance Producers
No industry or business is immune from the threat of a FLSA class action. Proof of this premise is found in the certification of a class of dozens of freelance…
Wage & Hour Law Update
New York Federal Court Finds Business Properly Classified Translators As Independent Contractors
This month, two New York federal judges reviewing a claim of misclassification rejected a claim for overtime compensation, agreeing that a business properly classified two translators as independent contractors rather…
Civil Procedure & Federal Courts Blog
Means and Seiner on Navigating the Uber Economy
Professors Benjamin Means and Joseph Seiner (University of South Carolina School of Law) have posted on SSRN their essay, "Navigating the Uber Economy," forthcoming in U.C. Davis Law Review.Abstract:In litigation against ride-sharing…
Pennsylvania Labor & Employment Blog
Workers’ Compensation Update: Commonwealth Court Clarifies “Written Contract” Requirement for Independent Contractor Classification under the Construction Workplace Misclassification Act
In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry)…
Independent Contractor Misclassification & Compliance
Impact of NLRB’s Joint Employer Decision on Independent Contractors: State-of-the-Art IC Agreements Can Protect from Misclassification Liability
By Richard Reibstein Esq. of Littler Mendelson P.C.
Few independent contractor agreements we have reviewed, even those of Fortune 500 companies, are relatively free from clauses that undermine the IC relationship because such agreements typically contain clauses that…
Labor & Employment Insights
FedEx Workers Ruled Employees, Not Independent Contractors – and the IRS Weighs In
Developments continue to come almost daily about misclassification of employees as independent contractors. Wage and hour cases, tax rulings, and discrimination charges all are part of the mix. We have…
CALIFORNIA ATTORNEY'S FEES
Employment: Terminated Employee Could Not Recover Labor Code Section 2802(c) Fees For Expenditures Incurred Post-Employment While She Was An Independent Contractor
Fee Recovery Properly Denied, With Lower Court Correctly Construing Jury Special Verdict. In Letizia v. Wentworth, Paoli & Purdy, LLP, Case No. G050132 (4th Dist. Div. 3 Aug. 17, 2015)…
HR Defense
Employment Law Trends for 2015
By David I. Spector, Melissa S. Zinkil
Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the…
California Employment Law Update
Independent Contractor Can Proceed With Sexual Harassment Claim Against City
By Tony Oncidi
Hirst v. City of Oceanside, 236 Cal. App. 4th 774 (2015) Kimberli Hirst, an employee of American Forensic Nurses, Inc., sued the City of Oceanside after she was allegedly sexually…