States

Calif. Labor Commissioner Sides with Drivers on XPO Driver Wage and Hour Claims

view of a truck from the front

  From Top Class Actions, Tamara Burns discusses the cases of alleged misclassification in California of drivers.  Tarama writes: Earlier this year, the California Labor Commissioner ruled that several drivers classified as independent contractors by XPO Logistics were misclassified, according to an article by PR Newswire. The Labor Commission granted awards to four port and rail drivers,…

Independent Contractor Status And The ABC Test

fireworks

  From JDSupra, Mark Tabakman discusses a recent New Jersey case in which pyrotechnicians were determined to be independent contractors.  Mark writes: I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and…

North Carolina Confronts Misclassification: What Your Organization Needs to Know About the Employee Fair Classification Act

North Carolina

  From Lexology, Michael D. McKnight discusses the new North Carolina Employee Fair Classification Act and offers recommendations for employers.  Michael writes: Requirements of the Employee Fair Classification Act Enacted by the North Carolina General Assembly in August of 2017, the EFCA permanently establishes the Employee Classification Section within the Industrial Commission and the information-sharing practices created…

Builders responsible for construction wage theft in CA bill 

California

  From the Sacramento Bee, Alexei Koseff writes about a California bill that would require general contractors to pay the wages of subcontractors if the subcontractors didn’t.  Alexei writes: A contentious proposal that would put California builders on the hook for wage theft violations by their subcontractors has advanced to Gov. Jerry Brown after a last-minute…

Was Racetrack Chaplain an Independent Contractor or an Employee? 

race horses

  From HR Daily Advisor, Charles Bradley discusses a recent Kentucky case in which a chaplain for a racecourse was found to be an independent contractor.  Charles writes: Facts “Howard” started working as a chaplain at Keeneland’s racecourse in 1999. As chaplain, he was charged with ministering to track employees, leading Sunday services during race meets,…

San Francisco Encourages Worker Empowerment with New Gig Economy Guidance 

San Francisco doodle

  From JDSupra, Bailey Bifoss discusses efforts by San Francisco to help workers in the gig economy.  Bailey writes:  [O]n September 1, 2017, a team comprised of the Office of Economic and Workforce Development (OEWD), the Department of Technology, and Supervisor Mark Farrell, in partnership with Samaschool (a local nonprofit specializing in market-aligned online work competency) published…

Kentucky Supreme Court Opens the Door to State Wage and Hour Class Actions

Kentucky map

  From JDSupra, Wendy Miller discusses a recent Kentucky Supreme Court case that will permit class action lawsuits for wage and hour claims.  Wendy writes: On August 24, 2017, the Supreme Court of Kentucky issued its long-awaited decision in McCann, et al. v. The Sullivan University System, Inc., No. 2015-SC-000144-DG (2017), surprising many by overruling the Court of…

Are Your Independent Contractors Really Employees?

    From JDSupra, Tressie McKeon discusses the classification of workers in Texas and the oversight provided by the Texas Workforce Commission. Tressie writes: If business owners are not concerned about the make-up of their workforce, they should be. In recent years, the number of lawsuits concerning misclassification of employees has risen exponentially. This is because companies…

North Dakota Workers’ Comp ruling leaves company in ‘worst of both worlds’

North Dakota

  From Legal Newsline, Angela Underwood reports on a North Dakota case in which a workers was able to collect workers compensation benefits and sue her employers.  Angela writes: He said the opinion will have a “very significant’ impact on how employers treat independent contractors in the state with respect to Workers’ Compensation. “It is clear from…