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,…
From JDSupra, Richard Reibstein discusses an Oklahoma case in which a personal assistant alleged she was an employee instead of an independent contractor. Richard writes: OKLAHOMA OIL AND GAS RIG LEASING COMPANY DENIED SUMMARY JUDGMENT IN IC MISCLASSIFICATION CLAIM. An Oklahoma federal court has denied summary judgment to an oil and gas rig leasing…
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…
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…
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…
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,…
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…
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…
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…
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…