Topic
worker classification
979 published works
Independent Contractor Misclassification & Compliance
Pennsylvania Cracks Down on Independent Contractor Misclassification in the Construction Industry; Governor Signs Law that Imposes Strict Standards, Substantial Fines, and Criminal Penalties
By Richard Reibstein Esq. of Littler Mendelson P.C.
On October 13, 2010, Pennsylvania Governor Ed Rendell signed into law the Construction Workplace Misclassification Act, joining a growing number of states that have targeted an industry where misclassification of…
Wage and Hour Defense Blog
Misclassification Class Actions Are Alive And Well In California In Light Of $7.7 Million Award
by Michael Kun The other day, an attorney told me he believes that the decade-long wave of misclassification class actions in California is all but over. Considering the fact that…
Independent Contractor Misclassification & Compliance
While Federal Bills Would Crack Down on Misclassification, They Would Not Curtail the Use of Legitimate Independent Contractors For Those Who Make Timely Use of Compliance Alternatives
By Richard Reibstein Esq. of Littler Mendelson P.C.
As noted in the preceding blog post on this site (see below), Congress has now introduced in this session of Congress two bills seeking to crack down on misclassification of…
Tilting the Scales
Independent Contractor vs. an Employee
By Jamie Ribman
As a result of the economic downturn, business at the Bedrock Granite Quarry was not rocking along. Mr. Slate, the owner of the quarry, was forced to reduce his workforce…
Wage & Hour Law Update
Seventh Circuit Upholds Pro-Employer Method of Overtime Calculation for Misclassified Employees
The Fair Labor Standards Act requires employers to pay non-exempt employees one and one half times their regular rate of pay for any hours worked in a workweek in excess…
Wage & Hour - Developments & Highlights
Assistant Manager Saga Continues: Radio Shack Hit (Again)
In Florida, an Assistant Manager has filed a class action against RadioShack Corporation, alleging that the company has misclassified these managers as exempt executives and has not paid them overtime. …
California Employment Law Update
Dump Truck Owner Involved In Collision May Not Have Been A City Employee
By Tony Oncidi
Bowman v. Wyatt, 186 Cal.App.4th 286 (2010) Plaintiff Barry A. Bowman filed this case after suffering devastating injuries when his motorcycle collided with a dump truck owned and operated by…
California Employment Law Update
California Courts Further Clarify Class Certification Requirements in Wage-and-Hour Suits
Recent developments demonstrate that an employer’s uniform policy of classifying employees as exempt from wage-and-hour laws is insufficient to establish the requirements of class certification. Recent decisions by both state…
Employment Class Action Blog
Federal Court in New York Denies Class Certification of Independent Contractors’ Misclassification Claim
On June 16, 2010, a federal court in New York held that a group of newspaper delivery drivers who claimed they were wrongfully misclassified as independent contractors under New York…
Employment Class Action Blog
The Dukes Decision Does Not Apply To Overtime Misclassification Claims
By Greg Mersol
In the weeks following April 26, 2010, en banc decision of a deeply divided Ninth Circuit in Dukes v Wal-Mart Stores.pdf, 603 F.3d 571 (9th Cir. 2010), plaintiffs have predictably…