Topic
worker classification
979 published works
Wage & Hour Litigation Blog
Put Up or Shut Up: 8th Circuit Shuts Down Overtime Claim Because Plaintiff’s Guestimates of His Hours Worked Are Insufficient
By Michael Fucci, Seyfarth Shaw LLP
Authored by Kyle Petersen The facts are familiar: An employee who is classified as exempt files suit claiming misclassification and seeking overtime pay. Understandably, the employer does not have time…
Law and the Workplace
$10.2 Million Awarded by DOL to Detect Worker Misclassification
By Carolyn M. Dellatore, Guy Brenner
Recently, the U.S. Department of Labor announced awards of $10,225,183 in grants to 19 states to implement or improve worker misclassification detection and enforcement initiatives in their unemployment insurance programs. …
Canadian Labour and Employment Law
Ontario Court of Appeal Refuses to Certify Another “Misclassification” Overtime Class Action
By George Avraam, Cherrine Chow
Since 2007 there have been five significant overtime class action cases in Canada. Two of these cases have been labelled “off-the-clock” cases — cases in which employees allege they were…
Employment Law Spotlight
Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers
Editor's Note: This blog post is a joint submission with BakerHostetler's Employment Class Action Blog. Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to…
Labor & Employment Insights
But Wait . . . My Workers Are Independent Contractors, Right?
Following the U.S. Department of Labor’s recent release of its Memorandum of Understanding (“MOU”) with the Alabama Department of Labor, employers should not rest easy simply because they classify their…
Wage & Hour Law Update
U.S. Open Tennis Umpires Properly Classified As Independent Contractors
Service providers vendors (and those vendors’ employees) are free to assert claims that they “employees” of the entity for which they are providing services under the FLSA under independent contractor…
Wage & Hour Litigation Blog
Unreliable Survey Dooms IBM Workers’ Bid for Class Certification
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Steve Shardonofsky and Rebecca DeGroff Last week, in Sirko v. IBM, a federal district court in California rejected the plaintiffs’ efforts to use a rudimentary survey to establish…
California Employment Law Update
Unfair Competition Claim Against Trucking Company is Not Preempted By Federal Law
By Tony Oncidi
People v. Pac Anchor Transp., Inc., 2014 WL 3702674 (Cal. S. Ct. 2014) The People on behalf of the State of California filed this unfair competition law (“UCL”) action against…
Employment Class Action Blog
Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees
The brain teaser game, What am I? can keep kids and adults occupied for hours: The more you take of me, the more I leave behind. What am I? I…
GT L&E Blog
Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors
By Greenberg Traurig, Greenberg Traurig
Employers operating in the delivery and livery sectors continue to be targeted with lawsuits alleging violations of the Massachusetts Independent Contractor Statute and Wage Act. Specifically, these lawsuits allege that…