From JDSupra, Bethany Pelliconi makes an excellent point that employees owe a duty of loyalty to their employer and this would prevent employees of Uber from driving for Lyft, etc. Converting independent contractors to employees may have unintended consequences. Bethany writes: In the wake of the judicial invention of a California version of the “ABC…
From JDSupra, Alan Levin and Richard Reibstein discuss the decision that an insurance agent was an independent contractor under the ABC test. Alan and Richard write: Judge William J. Martini of the U.S. Court for the District of New Jersey granted Northwestern Mutual’s motion for summary judgment. As to the first prong of the ABC…
From the New Jersey Law Journal, P.J. D’Annunzio discusses a case in which the court said that an insurance agent was an independent contractor under the ABC test. P.J. writes: A federal judge has dismissed a putative class action against Northwestern Mutual filed by a longtime insurance agent who claimed the company improperly classified him and…
From JDSupra, Rod Fliegel and William Simmons discuss a recent case in which the plaintiff alleged a novel violation of the Fair Credit Reporting Act (FCRA). Because the court said that a background check that this was obtained when the plaintiff sought to be a independent contractor was not for “employment” purposes under the FCRA,…
From JDSupra, Raymond Nhan and Rod Sorensen recommend that employers should not rely too heavily on the United States Department of Labor’s Opinion Letter which said that workers engaged through an online platform were independent contractors. Raymond and Rod write: First, the Opinion Letter is not binding on any court. Rather, the Opinion Letter only…