From PolitiFact Georgia, Jon Greenberg discusses misclassification in Georgia inlcuding a case in which an administrative judge found that a company that required drivers to form limited liability companies (LLC) and paid them as independent contractors had misclassified the workers. Jon writes: With health care policy in limbo in Washington, the politicians who would like…
From JDSupra, SoRelle Brown, Adam Cohen, Kristine Ellison, Patrick Gennardo, Phillip Stano and Gail Westover discuss a recent case in which insurance agents were determined to be employees. They write: On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes…
From JDSupra, Kevin Burns discusses a recent case in which the court said a non-compete agreement was not enforceable under Iowa law. Kevin writes: The Eight Circuit recently addressed this question in Ag Spectrum Co. v. Elder, Case No. 16-3113 (8th Cir. August 2, 2017). In that case, Ag Spectrum contracted with Vaughn Elder to work as…
From Forbes, Gene Zaino discusses reasons why you should care about compliance. Gene writes: Here are three reasons compliance should be top of mind for all organizations that engage independent professionals. Compliance Aids In Proper Classification Classification of independent contractors is not a clear-cut process. Federal, state and local government agencies use a variety…
From JDSupra, John Polson discusses a bill (HR 3441) which would change the definition of “joint employment” to reduce the number of parties liable for wage and hour and labor law lawsuits. This is particularly interesting for the question of classification of a worker as an employee or independent contractor because companies are concerned about labor…
From JDSupra, Timothy Del Castillo and Joe Liburt discuss the pending oral arguments on the enforceability of arbitration agreements class action waivers. Timothy and Joe write: In January, we reported that the Supreme Court granted review of three conflicting Court of Appeal decisions to settle the question of whether an agreement requiring that employees resolve employment-related disputes through individual…
From Geekwire, Nat Levy reports that a Washington judge dismissed the U.S. Chamber of Commerce lawsuit challenging Seattle’s law that allows Uber and Lyft drivers to unionize. Nat writes: Seattle’s first-of-its-kind unionization law for drivers of services like Uber and Lyft got a big win in court Tuesday when a federal judge dismissed a lawsuit brought…
From the Legal Intelligencer, Christian Petrucci, discusses a recent workers compensation case in Pennsylvania in which the court said that the 2010 Construction Workplace Misclassification Act (CWMA) could not be applied retroactively. Christian writes: On appeal to the Commonwealth Court, the defendants argued that either the board improperly applied the CWMA retroactively or the…
From Business Insurance, Louise Esola reports that an Oakland contractor was fined $3.5 million for, among other things, misclassifying workers as independent contractors. Louise writes: California regulators fined an Oakland contractor more than $3.5 million in wages and penalties for multiple wage theft and labor law violations, including worker misclassification that led to…
From JDSupra, Richard Meneghello discusses a recent article which suggests that if the Affordable Care Act (ACA) is repealed, freelancers and gig workers may seek full-time employment to get health insurance. Richard writes: Bloomberg BNA reporter Madison Alder has written an eye-opening article that suggests the possible repeal of the Affordable Care Act (ACA) could force many…