Topic
worker classification
979 published works
Employment Class Action Blog
Florida District Court Rejects ERISA Claims Premised on Alleged FLSA Violations
By Greg Mersol
Plaintiffs in most class and collective actions try to plead their claims in such a way as to exert the maximum pressure against the employer. In some instances, that raises…
Wage & Hour - Developments & Highlights
Misclassification can lead to big trouble
We often blog about how important it is for employers to carefully evaluate their practices to ensure they are not misclassifying employees who are legally non-exempt, as exempt employees, and…
Employment Class Action Blog
California District Court Rejects Overtime Settlement Over $50,000 Incentive Awards
By Greg Mersol
Large incentive awards continue to jeopardize class action settlements. We wrote on February 14 about recent cases in which Circuit Courts rejected settlements due to disproportionate incentive awards. A recent…
Real Lawyers Have Blogs
Top 10 in Law Blogs: Marijuana Retail, NLRB Statistics, UConn Hoops
This is coming a bit later than intended but it's time for today's Top 10. In a post that's been shared around quite a but today, Steve Gursten writes on…
The Retirement Plan Blog
The New Health Care Tax Credit: Another Reason to Get Worker Classification Right
By Jerry Kalish
Independent contractor vs. employee is an issue that never seems to go away for many employers. It's been a regular topic on this blog since 2007. Now there’s a new…
Independent Contractor Misclassification & Compliance
FedEx Ground Settles Drivers’ Independent Contractor Misclassification Case in Maine for $5.8 Million
By Richard Reibstein Esq. of Littler Mendelson P.C.
141 drivers classified as independent contractors by FedEx Ground will receive $5.8 million in settlement of their misclassification lawsuit brought under federal and Maine wage and hour laws. The amount includes…
HR Defense
Avoiding Misclassification of Workers Under the FLSA
The news of late has been filled with articles about employers who are being sued for the misclassification of workers and the failure to pay overtime. South Florida continues to…
Wage & Hour Litigation Blog
California Supreme Court Oral Argument in Duran v. U.S. Bank — Apparently (Sample) Size Matters:
By Michael Fucci, Seyfarth Shaw LLP
Authored by Jim Harris The California Supreme Court heard oral argument yesterday in Duran v. U.S. Bank, a case that gives the Justices the opportunity to answer broad questions about…
Employment Law Spotlight
Illinois Supreme Court Upholds One of the Nation’s Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars in Penalties
Worker misclassification is now a bet-the-company issue. On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines…
Wage & Hour Law Update
Illinois Supreme Court Upholds Construction Industry Misclassification Statute
Illinois’ highest court upheld that state’s six year old statute imposing strict penalties for employee misclassification in the construction industry, the Illinois Employee Classification Act. Bartlow v. Costigan, 2014 IL…