From Bloomberg Law, Hassan A. Kanu reports that the National Labor Relations Board proposed a new definition of “joint employer” that would make it less likely for a company to be found to be a joint employer. The proposed rule would make it less risky for companies to hire independent contractors through a intermediary such…
Gray Hunter Stenn LLP provides guidance on how to reduce your risk of misclassifying workers as independent contractors: Key factors When assessing worker classification, the IRS typically looks at the: Level of behavioral control. This means the extent to which the company instructs a worker on when and where to do the work, what tools or…
From JDSupra, Richard Reibstein reports on a case in which mortuary drivers alleged they were misclassified as independent contractors. Richard writes: A federal court has granted class certification for mortuary drivers who seek damages for IC misclassification under state and federal wage/hour laws against Serenity Transportation, a company that transports deceased persons for various…
From Mondaq, Richard R. Meneghello discusses a recent case in which the Sixth Circuit Court of Appeals upheld the validity of arbitration agreements in employment agreements. Richard writes: Late last week, the 6th Circuit Court of Appeals (hearing federal cases arising out of Ohio, Tennessee, Kentucky, and Michigan) struck down a proposed class action lawsuit filed…
Overdrive reports that a federal judge decertified the classes in a class action lawsuit alleging that the drivers had been misclassified as independent contractors. Overdrive reports: A federal judge recently ended two class-action lawsuits brought against TransAm Trucking, siding with the fleet. The rulings are not expected to be appealed. One case alleged misclassification…