Worker Misclassification

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers 

PAUSE

  From JDSupra, Richard Meneghello discusses the 9th Circuit Court of Appeals’ pause on misclassification pending the Supreme Court’s decision on class action waivers.  Richard writes: The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme…

Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement 

Signing a document

  From JDSupra,  Gretchen Jewell discusses a recent case in which the 11th Circuit Court of Appeals upheld an arbitration agreement.  Gretchen writes:   The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative…

Why the Supreme Court’s “Big” Case on Class Action Waivers May Have Little Impact on Some Companies Including Those Using Independent Contractors 

arbitration definition

  From JDSupra, Richard Reibstein discusses the Supreme Court’s taking a look at whether class action waivers in arbitration agreements violate the NLRA and argues that an arbitration with a class action waiver may be enforceable anyway if it provides an opt-out clause that allows the worker to opt out of arbitration within a specified period…

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

United States Supreme Court

  From JDSupra, David Baffa, Noah Finkel, and Andrew Scroggins discuss the NLRB’s position in the case before the Supreme Court. They write: In the most dramatic moment of the morning, the NLRB’s General Counsel Richard Griffin made a significant admission.[1] In response to a series of questions by a skeptical Chief Justice Roberts, Griffin to agree that…

Safe Harbor Designation for Independent Professionals Good for the US 

harbor

  From the Staffing Stream, Gene Zaino discusses the value and importance of creating a safe harbor for independent professionals and MBO’s terrific recommendation for a Certified Self-Employed (CSE).  Gene write: MBO Partners has developed a working model for this safe harbor, dubbed Certified Self-Employed (CSE). The goal of such a designation is twofold: first, to remove roadblocks impeding the…

California Labor Compliance Lawsuit Expected to Settle for $2.75 Million

California

  From California Labor News, Gordon Gibb reports on a settlement of claims alleging workers were misclassified as independent contractors.  Gordon writes: AT&T has been battling a compliance lawsuit for some time, defending itself against plaintiffs in a nationwide FLSA collective alleging AT&T misclassified them as independent contractors and thus, stiffed them out of overtime. The slight is deemed…

The Ground Continues to Shift in Wage and Hour Law 

employee freelancer check boxes

  From JDSupra, Shira Blank, Jonathan Brenner, Paul DeCamp, Michael Kun, Frank C. Morris, Jr., and Jeffrey Ruzal discuss a number of employment law issues including the continuing struggle to define an “employee”.  They write: The Department of Labor, Congress, and the Courts Wrestle with the Definition of “Employee” By Michael D. Thompson and James J. Sawczyn The potential misclassification of employees…

Will the Supreme Court Finally Remove Doubt That an Employer Can Mandate That Employees Enter into Arbitration Agreements with Class Waivers?

United States Supreme Court

  From JDSupra, David Baffa and Noah Finkel discuss some of history of arbitration agreements and the Supreme Court’s support for the Federal Arbitration Act in light of the Supreme Court’s consideration of the enforceability of arbitration agreements.  David and Noah write: Whether for claims of discrimination, ERISA violations, or, most frequently, wage-hour violations, employers have faced…

Supreme Court Set To Weigh In On Class Action Waivers

Class Action

From JDSupra, Amy Wilkes discusses the Supreme Court’s consideration of the validity of class action waivers.  Amy writes: In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National Labor Relations Act…

How to Protect Yourself When Working with Independent Contractors

man-and-woman-signing-a-contract

  From Small Business Bonfire, Princess Jones offers her recommendations for working with independent contractors.  Princess writes: Contracts What’s the most basic way to protect yourself in a work-for-hire situation? A contract. It will spell out exactly what the expectations are on each side of the table and what will happen if either of you don’t…