States

Flurry Of Recent Developments On The Dynamex Front

California

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…

New Jersey Getting Tougher on Independent Contractor Misclassification: Task Force Issues Report With 16 Regulatory and Legislative Recommendations 

Map Of New Jersey 3d Shape

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,…

IC miclassification: California bill advances; New Jersey releases report, signs tri-state agreement

California

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…

Nevada Law Protects Workers from Willful Misclassification and Coercion to be Classified as Independent Contractor

Nevada blue state map

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…

Federal Arbitration Act Preempts New York’s Bar On Agreements To Arbitrate Sexual Harassment Claims, Court Rules 

New York State

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…

Virginia shipping company to pay $597,000 in back wages over misclassification

delivery driver or courier

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…

New York State Significantly Expands its Workplace Harassment Laws (Again) 

New York State

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…

Ninth Circuit upholds arbitration provision testing the “outer limits” of what constitutes an enforceable arbitration agreement 

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…

Phlebotomists Settle Misclassification Case

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…