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worker classification

979 published works

  1. 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…

  2. 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.  …

  3. 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…

  4. Employment Law Spotlight

    Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers

    By Todd Lebowitz

    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…

  5. Labor & Employment Insights

    But Wait . . . My Workers Are Independent Contractors, Right?

    By Summer Austin Wells

    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…

  6. Wage & Hour Law Update

    U.S. Open Tennis Umpires Properly Classified As Independent Contractors

    By Noel P. Tripp

    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…

  7. 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…

  8. 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…

  9. Employment Class Action Blog

    Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

    By Todd Lebowitz

    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…

  10. 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…