Worker Misclassification

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

Popping champagne

  From JDSupra, Richard Meneghello discusses the implications of the Department of Labor’s (DOL) withdrawn of its guidance on independent contractors.  Richard writes: Some analysts have said this development is “much ado about nothing,” that it is mere window dressing by the administration given that the informal guidance itself never really said anything new. Their view (which…

Court Approves Settlement of Misclassification Claim by Entertainment Publishing Freelancers

man with camera on city street

  From JDSupra, Richard J. Reibstein discusses a settlement of a case of entertainment publishing freelancers including a video coordinator and assistant editor for social media.  Richard writes: COURT APPROVES CLASS ACTION SETTLEMENT OF IC MISCLASSIFICATION CLAIM BY ENTERTAINMENT PUBLISHING FREELANCERS. A California state court judge has approved a $900,000 settlement of a class action lawsuit filed…

Ten Differences Between Independent Contractors and Employees 

Checklist with yes no options

  MBO Partners shares a splendid list of the 10 main differences between independent contractors and employees.  These are the first 5: 1. Independent contractors operate as their own business Independents may be sole proprietors, or have an incorporated business. They have built these businesses around specialized services they provide—it’s not uncommon for independents to…

Louisiana Court Rejects Landman’s Whistleblower Claim Based on Finding That He Was Independent Contractor

Oil well and sunset

  From The National Law Review, Greg Guidry discusses a recent case in which an independent contractor was not eligible for protection under the Louisiana environmental whistleblower statute.  Greg writes: A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute,…

Is Trump’s DOL Pulling Back on Independent Contractor Classification Enforcement? Does it Matter?

DOL with draws guidance june 7

  From JDSupra, Aaron Goldstein discusses the impact of the withdrawal of guidance on independent contractor classification saying that it may show that the Department of Labor (DOL) is going to pursue misclassification claims less aggressively but employers can’t relax because of the risk of private lawsuits.  Aaron writes: The prior DOL guidance took the…

Labor Department Withdraws Independent Contractor Misclassification Guidance Issued in 2015: What Does this Mean for Businesses Using ICs 

DOL with draws guidance june 7

  From JDSupra, Richard J. Reibstein discusses the impact of the Department of Labor’s withdrawal of guidance on independent contractor classification. He indicates that this action is not likely to have a significant impact on the legal landscape. Richard writes: This action today by the Labor Secretary Acosta is likely to be portrayed by many…

Professional Cheerleader Case Presents Independent Contractor and Joint Employer Lessons 

Cheerleader in front of crowd

  From JDSupra, Greg Mersol the case of the Buffalo Jills and their allegation that they were misclassified as independent contractors.  Greg writes: The Buffalo Jills were the cheerleading squad at Buffalo Bills professional NFL games. For almost 30 years, they performed services at games and elsewhere through various contractors. They not only cheered for the team at football games, but also…

Wage and Hour Takeaways from Trump Post 100 Day Symposium

President Donald Trump

  From JDSupra, Cheryl Luce discusses what to expect under the Trump administration including expecting courts to drive change in the area of independent contractor classification.  Cheryl writes: Courts Will Drive Changes to Joint Employer and Independent Contractor Tests We expect courts to be the primary drivers of change affecting joint employment and independent contractor standards. We’ve…

U.S. District Court Upholds Labor Commissioner Awards of Almost $1 Million for Misclassification of Port and Rail Truck Drivers

Two 18 wheeler trucks at loading docks

    PRNewswire shares a press release from California Department of Industrial Relations on the ruling in favor of an award against XPO Cartage, Inc. for misclassifying drivers as independent contractors.  The press release states: LOS ANGELES, May 23, 2017 /PRNewswire-USNewswire/ — A federal court judge has sided with California Labor Commissioner Julie A. Su, issuing a judgment…

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do 

Senator Mark Warner D-VA

  From Lexology, Richard J. Reibstein discusses the bill introduced by Senator Mark Warner to create portable benefits for independent contractors.  Richard discusses what it does and does not do.  Richard writes: What the Bill Would Do The bill introduced today by Senator Mark Warner (D-Va.) and a companion bill introduced today by Representative Suzan DelBene (D-Wash.)…