Topic
worker classification
979 published works
Illinois Workers Compensation Law Blog
Is your employer illegally labeling you an “independent contractor”?
By Mike Helfand
The Illinois Workers’ Compensation Commission is teaming up with other state agencies to crackdown on businesses that misclassify employees as independent contractors. Some businesses do this on purpose, and it’s…
Wage & Hour Litigation Blog
“Fluctuation” Over Method of Calculating Damages in Misclassification Cases
Co-authored by Howard M. Wexler and Robert S. Whitman In wage-and-hour cases, the method of calculating potential damages is often just as (if not more) important as the underlying misclassification…
Independent Contractor Misclassification & Compliance
Misclassifying the “Underground Workforce” as a Form of Independent Contractor Misclassification
By Richard Reibstein Esq. of Littler Mendelson P.C.
The lead story in today’s front page of the Texas Tribune reports on a hearing before the Texas Workforce Commission where the testimony focused on the intersection of undocumented aliens and…
Employment Class Action Blog
Sixth Circuit Affirms Jury Verdict for Employer in Mortgage Banker Case
By Greg Mersol
While most class actions, like most actions generally, tend to settle, they are on occasion tried. In the case of wage and hour litigation, employers can and have prevailed at…
Wage & Hour Litigation Blog
More Than Morgan: Federal Court Decertifies Nationwide FLSA Collective Action Despite Arguments Likening it to Plaintiff-Friendly Result in Morgan v. Family Dollar
Co-authored by Brett Bartlett and Kevin Young Last month, we reported on a ruling handed down by Judge Scott Coogler, a U.S. District Court Judge in Alabama, decertifying a nationwide FLSA collective…
Employment Law Watch
What Employers Can Expect from the Next President
Jonathan Nadler and Joel Barras published a series of three related articles in Forbes magazine last week, in which the Labor & Employment duo presents their thoughts on what employers should…
Independent Contractor Misclassification & Compliance
Insurance Company Wins Challenge to its Independent Contractor Relationship with Agent
By Richard Reibstein Esq. of Littler Mendelson P.C.
Having previously prevailed in two prior challenges by agents who claim they were not independent contractors (ICs) but rather employees, an insurer wins for a third time in a lawsuit by a Washington State insurance agent. Claiming…
Employment Class Action Blog
Court Decertifies Overtime Class of Retail Store Managers
By Greg Mersol
Nothing succeeds like success. Four years ago, in Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008), the Eleventh Circuit upheld a $35+ million jury award against…
Wage & Hour Litigation Blog
A Dutiful Result: Finding Differences in Management Duties, Federal Court Decertifies Nationwide FLSA Collective Action Brought By Dollar Tree Store Managers
Co-authored by Brett Bartlett and Kevin Young Any employer that has faced a putative FLSA collective action in Florida, Georgia, or Alabama since 2008 should be aware of Morgan v.…
Wage & Hour - Developments & Highlights
Dollar Tree Wins De-Certification of FLSA Class Due To Need for Individual Scrutiny
Maybe a trend is developing. Maybe employer-defendants are starting to turn the tide of what seems like an incessant trend towards the granting of conditional certification in FLSA cases and…