States

Are Georgia firms cheating 1,000s of workers out of benefits, health care?

  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…

Is My Noncompete With an Independent Contractor Enforceable? 

  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…

Judge tosses U.S. Chamber lawsuit over Seattle’s Uber union law, but dispute isn’t over yet 

Seattle Skyline

  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…

Independent Contractor or Employee: Court Tackles Issue Once Again 

Pennsylvania

    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…

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action Waivers 

Illinois

  From Lexology, Patrick M. DePoy and Michael A. Warner, Jr. discuss an Illinois case in which the court said that an arbitrator had to determine if a driver was an employee or independent contractor before the driver could proceed with a class action lawsuit.  Patrick and Michael write: Last week, a U.S. District Court Judge in Illinois ruled…

New York Appellate Court Strikes Down Class Action Waivers

New York State

  From JDSupra, Howard Wexler and Robert Whitman discuss a New York Appellate case in which the court found a class action waiver violated a worker’s rights under the National Labor Relations Act (NLRA).  Howard and Robert write: As our loyal readers are well aware, the U.S. Supreme Court is scheduled to hear oral argument in its Fall 2017 term regarding…

NY Times Freelancer Misclassified, Underpaid, Lawsuit Says

new york times

  From Bloomberg BNA, Jon Steingart reports that a photographer for the New York Times alleges that he was misclassified as an independent contractor. Jon writes:  The New York Times Co. didn’t fully pay a photographer for about 3,300 hours’ worth of overtime worked over 10 years, according to a recent lawsuit. Photographer Robert Stolarik sometimes had…

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration 

arbitration agreement with gavel

  From JDSupra, Michael Wolgin discusses a recent case in which the court upheld an order compelling arbitration as required by an arbitration agreement.  Michael writes: The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession…

Newly Adopted “Freelance Isn’t Free” Rules Rife with Preemption Issues Under FAA 

confirm arbitration agreement

  From JDSupra, Meredith-Anne Berger and Gena Usenheimer discuss the rules issued to implement the Freelance Isn’t Free Act in New York City and question whether the prohibition against arbitration clauses and class action waivers might be preempted by the Federal Arbitration Act (FAA). Meredith and Gena write: Prohibition Against Arbitration? The Rules provide that any contract…

Employee misclassification targeted by bill in NC General Assembly 

North Carolina

  From the News & Observer, Colin Campbell reports on a bill in the North Carolina legislature that would focus on misclassifying workers as independent contractors.  Colin writes: A bill that would help state agencies crack down on businesses that illegally classify employees as independent contractors is moving forward in the House. A House judiciary…