From JDSupra, Benjamin Ebbink reports on recent developments relating to California Supreme Court’s decision in Dynamex including that “the Division of Labor Standards Enforcement (DLSE) issued an opinion letter that concluded the ABC test applies both to IWC Wage Order Claims and certain Labor Code provisions that enforce Wage Order requirements.” In addition, Benjamin discusses the progress in the…
From JDSupra, Richard Reibstein discusses the report and recommendations of the New Jersey Misclassification Task Force. Richard writes: On July 9, the New Jersey Misclassification Task Force issued its first Report. The Task Force was created by an Executive Order issued by Governor Phil Murphy on May 3, 2018 and includes representatives from the Labor,…
Staffing Industry Analysts (SIA) reports that a bill to codify the ABC test for classifying workers has been approved by a Senate committee and moved towards enactment: In California, the Senate’s Labor, Public Employment and Retirement Committee approved a bill that codifies the 2018 “Dynamex” decision by California’s Supreme Court to adopt the stricter “ABC test” for…
From JDSupra, Dora Lane reports on changes in employment laws in Nevada including a misclassification statute effective July 1, 2019. Dora writes: SB 493 (Employee/Contractor Misclassification, effective July 1, 2019) SB 493 adds sections to NRS Chapter 608, precluding an employer from using coercion, misrepresentation, or fraud to require a person to be classified as…
From JDSupra, Brendan Sweeney reports that New York’s statute that prohibits arbitration agreements for sexual harassment claims is preempted by the Federal Arbitration Act (FAA). This is good news for companies that engage with independent contractors and enter into arbitration agreements because it affirms the enforceability of arbitration agreements despite individual state laws that might…
Staffing Industry Analysts (SIA) reports on a settlement of almost six hundred thousand dollars for claims of misclassification: LaserShip Inc. agreed to pay $597,000 in back wages to 224 employees in Connecticut and New Jersey after it misclassified them as independent contractors instead of employees, the US Department of Labor announced Wednesday. “By improperly classifying…
From JDSupra, Emily Haigh and Devjani Mishra report on changes to New York’s harassment laws which strengthened the law and made it more broadly applicable to independent contractors. Emily and Deviani write: New York Employers May be Held Liable for Discrimination of any Kind Against a Contractor. New York State expanded its sexual harassment protections last year to…
From JDSupra, Adam Lounsbury, Suellen Oswald, and James Stock report that Tennessee has enacted a new law with a 20 factor test for determining if a worker is an employee or independent contractor. Adam, Suellen and James write: Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B.…
From JDSupra, James Bogan III discusses a recent case with the “outer limits” of what is a reasonably conspicuous agreement but in which the court enforced the arbitration agreement. James writes: Adhesion contracts are ubiquitous in modern internet commerce, and the rules of contract formation are generally the same for paper and on-line contracts. Parties…
From JDSupra, Richard Reibstein discusses a recent case in which phlebotomists settled a claim alleging that they were misclassified as independent contractors. Richard writes: MEDICAL COMPANIES SETTLE PHLEBOTOMISTS’ IC MISCLASSIFICATION CLASS ACTION. A California federal court has given preliminarily approval to a $700,000 class action settlement between group of 118 phlebotomists and three medical companies…