States

California Employees Cannot be Compelled to Arbitrate PAGA Claim Without the Government’s Consent

California

From The National Law Review, Emilia A. Arutunian discusses a recent case in which the court said that a party could not be compelled to arbitrate California’s Private Attorney General Act (PAGA) claims without the government’s consent. Emilia writes: The trial court granted the arbitration petition on all causes of action except for the PAGA…

Payroll tax fraud believed to be spreading throughout Indiana’s construction industry

construction workers at construction site

From ABC 57 News, Drew Gardner reports on misclassification in the Indiana construction industry. Drew writes: The construction industry across Indiana is facing something many contractors call a growing problem — payroll tax fraud. Some contractors are believed to be misclassifying workers, which robs them of many of the regular benefits employees receive and robs…

Limo Drivers Settle Case Over Job Misclassification for $750,000 

limo driver

From the Connecticut Law Tribune, Robert Storace reports on a case in which limousine drivers settled their claims that they had been misclassified. Robert writes: Twenty-three current and former drivers for Connecticut Limousine have secured a $750,000 settlement against the company after challenging the alleged misclassification of drivers as independent contractors, instead of employees. In their November…

Overview of the Construction Workplace Misclassification Act

From Lawyers.com, Larry Pitt provides an overview of Pennsylvania’s Construction Workplace Misclassification Act. Larry writes: The Construction Workplace Misclassification Act (Act 72) prohibits such misclassification of construction workers and penalizes employers who do so. Misclassifying Employees as Independent Contractors is Prohibited The U.S. Department of Labor encourages workers to be aware of their rights under…

Exotic dancers rally against local lawmaker over workers rights

From ABC 10 San Diego News, Mackenzie Maynard reports on protests by exotic dancers against the ABC standard adopted by the California Supreme Court and included in a bill by Assemblywoman Lorena Gonzalez. Mackenzie reports: SAN DIEGO (KGTV)- It was a battle over workers rights at a rally downtown Thursday. Assemblywoman Lorena Gonzalez directly addressing…

New York City Sets Minimum Wage for Independent Contractors of Ride-Hailing Companies 

new york city traffic

From Lexology, Jeffrey H. Ruzal and Carly Baratt report that New York City has set minimum rates for ride sharing companies such as Uber and Lyft. They write: On December 4, 2018, New York City’s Taxi and Limousine Commission (“TLC”) voted to require ride-hailing companies operating in New York City to compensate its drivers who are treated…

New Jersey ABC Test: Third Circuit Decides It Isn’t Preempted by Federal Law

Map Of New Jersey 3d Shape

From The National Law Review, Michael D. Thompson discusses the Third Circuit Court of Appeals decision that the Federal Aviation Administration Authorization Act does not preempt New Jersey’s ABC test for determining if a worker is an employee or independent contractor. Michael writes: In determining whether the FAAAA preempts a state law, courts consider whether the law’s…

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status 

Map Of New Jersey 3d Shape

From JDSupra, Alexander Chemers and Ryan T. Warden report that the Third Circuit Court of Appeals found that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) did not preempt New Jersey’s ABC test. Alexander and Ryan write: Tasked with determining whether New Jersey’s ABC test was preempted by the FAAAA, the Third Circuit began by reviewing previous preemption…

Proposed bills threaten business for hairdressers, salon owners 

From the Auburn Reporter, Julee Broberg argues against changes to laws classifying workers as employees or independent contractors without reviewing how they might affect hairdressers and salon owners. Julee writes:  Intermediary employees. Contributing agents. Worker wage boards. This is the gobbledygook that hairdressers and salon owners like my wife, Julee, are trying to make sense of…