Topic
worker classification
979 published works
Wage & Hour Litigation Blog
Assistant Store Managers’ Job Duties Differ Too Much for Collective/Class Treatment
Authored by Mary Ahrens In Omiatek v. Big Lots Inc., No. 09-CV-0352 (W.D.N.Y., January 20, 2011), a magistrate judge recommended that the district court deny the plaintiff’s motion for conditional…
Wage & Hour Litigation Blog
Fourth Circuit Joins the “Half-Time” Band Wagon in Calculating Back Overtime Damages
Authored by Richard Alfred Last week, the Fourth Circuit (comprising Maryland, Virginia, West Virginia, North and South Carolina), joined the other five Circuit Courts that have adopted the “half-time” approach…
Texas Employer Handbook
Employment Law 101: Are you an Employee or an Independent Contractor?
Who, What, Why . . . Who does it apply to: Any employer who characterizes someone who works for them as an independent contractor and does not withhold taxes for…
Wage & Hour - Developments & Highlights
Steeped-Up Independent Contractor Enforcement Initiatives Coming Down The Pike Full Steam
The United States Department of Labor has announced that it will coordinate with the Internal Revenue Service as well as state officials in enforcing laws related to treatment of individuals…
Pennsylvania Labor & Employment Blog
New Pennsylvania Law Imposes Penalties for Misclassification of Independent Contractors in the Construction Industry
Independent contractor arrangements have come under fire lately from both state and federal governments. Pennsylvania recently went a step further, enacting legislation governing independent contractor arrangements in the construction industry. On October…
Independent Contractor Misclassification & Compliance
Truck Delivery Firm Pays Out $2.25 Million to Settle Two Class Action Misclassification Cases
By Richard Reibstein Esq. of Littler Mendelson P.C.
3P Delivery, Inc. provides delivery services for major retailers. It has historically classified its drivers as independent contractors and not employees. 3P Delivery was sued in 2008 by two drivers…
Wage & Hour - Developments & Highlights
Crackdown on Allegedly Misclassified Independent Contractors Continues: New York Joins The Club
In an October 28, 2010 posting in the New York Labor and Employment Report, Joseph Dole comments on a new law that took effect in New York State on October…
Wage & Hour - Developments & Highlights
Another Blackwater FLSA Class Action Lawsuit
Although Blackwater, the “infamous” company that has played a role in the occupation of Iraq, has changed its name to Xe Services LLC, that cannot change the seemingly continuing stream…
Wage & Hour Law Update
New York Construction Industry Misclassification Law Takes Effect – Provisions Include Required Posting
As previously discussed here, the New York legislature recently enacted the Construction Industry Fair Play Act. The law is effective tomorrow. In sum, the law provides that an individual providing services in…
Independent Contractor Misclassification & Compliance
FedEx Ground Settles with Montana Attorney General Over Misclassification of Drivers as Independent Contractors: Settlement for $2.3 Million Is for Failure to Pay Unemployment Insurance Taxes and Withhold Income Taxes from Drivers
By Richard Reibstein Esq. of Littler Mendelson P.C.
Less than three months after settling independent contractor misclassification charges with the Massachusetts Attorney General for $3 million, FedEx Ground has agreed to pay Montana $2.3 million to settle that State’s…