Staffing Industry Analysts (SIA) reports that Uber acknowledged that settlement of arbitration claims could range between $146 and $170 million. Human cloud, ride-sharing firm Uber Technologies Inc. updated investors on independent contractor misclassification claims against the company — including up to $170 million for individual drivers claiming misclassification — as well as other challenges in…
From LANDLINEmag.com, Mark Schremmer reports that truckers are suing the manufacturer of Wonder Bread alleging that the were misclassified as independent contractors. Mark writes: Another case involving a class of truck drivers who say they were misclassified as independent contractors is set to move forward. On Tuesday, May 7, the U.S. District Court for the…
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…
From JDSupra, Suzanne Thomas discusses a new statute in Washington that limits non-compete agreements for employees and some independent contractors. Suzanne writes: Under the new law, a noncompetition covenant is void and unenforceable against an employee or, as applicable, an independent contractor: Unless (1) the employer discloses the terms of the covenant in writing to…
From the Louisiana Personal Injury Lawyer Blog, the Bernard Law Firm discusses a case in which a company that hired an independent contractor was not liable for injuries in a motor vehicle accident. The Bernand Law Firm writes: Larry Dragna was on a drive in November, 2011, when his vehicle was hit by a driver…
From JDSupra, Richard Reibstein discusses the United States Department of Labor’s Opinion Letter which said that workers engaged through an online platform were independent contractors. Richard writes: A Brief Analysis of the Six Factors Under the Opinion Letter According to the new Opinion Letter, the six factors indicative of IC status are all “derived from…