From The Legal Intelligencer, Susan Nanes discusses Pennsylvania’s Construction Workplace Misclassification Act (CWMA). She writes: The CWMA (Construction Workplace Misclassification Act), 43 P.S. Secction 933.1-17, is a 2010 enactment (effective February 2011). In proposing the bill, the Pennsylvania House Labor Relations Committee sought to curb construction employers’ common practice, intentional or otherwise, of deeming workers to be…
From the Washington Business Journal, Katishi Maake reports that Washington DC is suing a contractor for misclassifying workers. Katishi writes: The District is suing Florida-based electrical contractor Power Designs Inc. for allegedly misclassifying more than 500 employees as independent contractors, stripping them of thousands of dollars in wages and benefits. The lawsuit filed Monday in D.C. Superior Court…
From Lexology, Peter J. Gallagher reports on a recent case in which a part that drafted an arbitration clause was not able to have a court determine that it was unenforceable. Peter writes: Most cases involving commercial contracts and arbitration provisions follow a similar pattern. They generally involve consumers arguing that they cannot be bound by…
From Lexology, Melissa McDonagh and Kevin Burke report on the recently passed (but not yet signed into law) Massachusetts bill that restricts non-compete agreements and that the restrictions apply to agreements with independent contractors also. Melissa and Kevin write: New Minimum Requirements for Noncompetition Agreements in Massachusetts As noted above, the Act specifically curtails…
From Capital Public Radio, Ben Adler reports that the California legislature will not address the new ABC standard for classifying workers adopted by the California Supreme Court despite requests from businesses who engage with independent contractors. Ben writes: Businesses that rely on the “gig economy” have been urging state lawmakers to overturn a California Supreme Court…