Topic
worker classification
979 published works
California Employment Law Update
Ninth Circuit Rules Unlicensed “Junior Accountants” May Be Exempt From Overtime
Campbell v. PricewaterhouseCoopers LLP, 2011 WL 2342740 (9th Cir. June 15, 2011) (pdf) The U.S. Court of Appeals for the Ninth Circuit reversed a lower court’s grant of partial summary judgment…
CAFA Law Blog
‘Star Wars Bar Scene’ at Federal Court
Quinonez v. Empire Today, LLC, No. C 10-02049 WHA, 2010 WL 5211501 (N.D. Cal. Dec. 16, 2010). A District Court in California remanded the action to state court holding that…
Michigan Employment Law Advisor
Employers Cannot Ignore Costly Risks of Mis-classifying Independent Contractors
By Jason Shinn
With increased scrutiny and The Fair Labor Standards Act (FLSA) requires-with two general exceptions-employees to receive no less than the current minimum wage not less than 1 1/2 times the…
Employment Class Action Blog
Resort Industry Finds No Refuge From Liability for Misclassification of Salespersons
In Whitehead v. Vacation Charters, Ltd., a class action judgment in excess of $2.2 million was entered against the owner/operator of a Poconos timeshare resort for misclassifying sales employees as independent contractors…
Pennsylvania Law Monitor
Construction Workplace Misclassification Act
The Workers' Compensation Act requires a contractor/employer to stand in reserve and provide workers' compensation insurance for subcontractors and their employees, if that subcontractor does not have insurance. Originally the…
California Personal Injury Law Case Notes
The Independent Contractor Rule and a Homeowner’s Responsibility for Injuries to Construction Workers
Usually, a homeowner who hires an independent contractor can delegate the responsibility for safety to the contractor. The theory behind the rule is that when an owner hires an independent…
Independent Contractor Misclassification & Compliance
Senate Re-Loads on Independent Contractor Misclassification: New Bill Characterizes Misclassification as “Payroll Fraud”
By Richard Reibstein Esq. of Littler Mendelson P.C.
On Friday, April 8, 2011, Senators Sherrod Brown (D-Ohio), Tom Harkin (D-Iowa), and Richard Blumenthal (D-Conn.) introduced the Payroll Fraud Prevention Act (S. 770), a trimmed-down version of the Employee Misclassification…
Employment Class Action Blog
$10 Million Settlement for Exotic Dancers a Not-So-Exotic Outcome in Wage Class Actions
If you think wage and hour class actions aren’t very sexy, you’re wrong. A class of exotic dancers in California and other states have received preliminary court approval of a…
The Retirement Plan Blog
Federal and State agencies “T”ing up employers for worker misclassification
By Jerry Kalish
A "T", or technical foul, is part of the game of basketball. If you're a fan of the game, you know it's any infraction of the rules which doesn't involve…
Independent Contractor Misclassification & Compliance
Pennsylvania Labor Department Issues Notices and Complaint Forms Under Construction Workplace Misclassification Act
By Richard Reibstein Esq. of Littler Mendelson P.C.
The Pennsylvania Construction Workplace Misclassification Act was signed into law on October 13, 2010. Also called House Bill 400 and Act 72 of 2010, the new law went into effect on February 10,…