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…

How To Fit Fitness Into Your Day As a 9-5er

cycling

  by Cathy White It can be really difficult to fit exercise into your regular day. Working nine to five and spending time with the family has a way of taking up all your time and energy. But exercise is really important. It is the number one form of preventative medicine, it fights depression, and…

The Cost of Misclassification: Businesses

rising costs

MBO Partners shares information on the cost of misclassifying workers as independent contractors. The Cost of Misclassification on Businesses Problem There are a number of laws, tests, and definitions to help businesses determine whether a worker is an independent contractor or an employee. Unfortunately, these guidelines lack uniformity, are often quite detailed, and can be interpreted…

New Bill Could Add Safe Harbor to Definition of Employee 

harbor

  From Lexology, Daniel O’Neil discusses a new bill in the United States Senate that adds a safe harbor for employers who classify workers as independent contractors.  Daniel writes: In the employee benefits world, a lot can hang on an individual’s classification as an employee. Whether someone is a leased employee, an independent contractor, or a member…