From Staffing Industry Analysts (SIA), Eric Rumbaugh provides an excellent review of the Dynamex decision in California and terrific updates on other changing tests for employee classification. Eric writes: Benefits. For the most part, the Employee Retirement Income Security Act of 1974, or ERISA — the main federal law governing employee benefit plans — permits businesses…
The Saugus Advertiser published a press release from the Massachusetts Attorney General’s Office describing the prosecution of a cleaning company owner who misclassified workers to avoid workers compensation premiums. The owner of a Malden-based cleaning company pleaded guilty and was sentenced to jail in connection with an insurance fraud scheme that involved worker misclassification, Attorney…
From Fox Rothschild LLP, Jenny H. Fuller provide guidance on how to comply with the Minnesota Wage Theft Law and the Minneapolis Wage Theft Prevention Ordinance. Companies that misclassify workers may be subject to fines and penalties for not complying with these requirements. Jenny writes: Below is a summary of the key compliance obligations for…
From Lexology, Frederick (Rick) L. Warren offers guidance on drafting arbitration agreements to avoid claims of unconscionability. Rick writes: Although the test of unconscionability varies from state to state, lessons can be drawn from this case about how to draft and implement an arbitration agreement: The agreement should be drafted in simple, understandable English, plus…
From The Hill, Rebecca Klar summarizes Elizabeth Warren’s proposals for labor law changes including ending misclassification of workers, Rebecca writes: Ending worker ‘misclassification’ in gig economy fields Warren’s plan pushes for a bill that would stop what she calls the “misclassification” of independent contractors. The issue affects the rideshare industry, led by Uber and Lyft,…