States

California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees

California

  From the National Law Review, Daniel B. Pasternak discusses the recent decision in the Grubhub cases in which the driver was found to be an independent contractor and the potential for a new standard for classifying workers in a case currently before the California Supreme Court.  Daniel writes: In this case, the judge ruled for Grubhub…

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

California

  From JDSupra, Fisher Phillips discusses the oral arguments in a case before the California Supreme Court that focused on the criteria for determining whether a worker was an employee or independent contractor.  They write: The case is Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, and it’s a fairly standard misclassification case.…

Louisiana Will Continue Focus on Misclassification as Independent Contractors

map of Louisiana

  From HR Daily Advisor, David Theard and Jones Walker report that Louisiana will continue to focus on the misclassification of workers as independent contractors.  They write: Recently, the Louisiana Workforce Commission (LWC) issued a press release acknowledging the efforts of a task force that combats the misclassification of employees as independent contractors. The task…

California Appellate Court Holds Employee’s Dismissal Of Individual Labor Claims Precludes PAGA Standing

California

  From JDSupra, Jon Michaelson discusses a recent case in which a Private Attorneys General Act (PAGA) claim was dismissed after the parties settled the other claims through arbitration. It may lead to negotiated settlements during the arbitration process that includes all claims. Jon discusses the recent case: A recent decision by California’s Second District Court…

Massachusetts high court case considers workers’ compensation for newspaper deliverers

newspaper delivery boy

  From MassLive, Shira Schoenberg reports that the Massachusetts Supreme Judicial Court is considering a case in which a newspaper deliverer was classified as an independent contractor and was injured.  Shira writes: If a newspaper delivery person gets hurt on the job, should she be eligible for workers compensation? The answer depends on whether she is an…

Judge rules taxi driver is an employee, not contractor

From the Gloucester Times, Mary Markos reports that judge found a taxi driver to be an employee and not an independent contractors. The judge’s conclusion is different from the decision by the Supreme Judicial Court when it considered whether Boston taxi drivers challenged their classification as an independent contractor. See These Taxi Drivers Are Not Employees Says Massachusetts…

The Allegation Of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration Of Individual Claims Raised Simultaneously

California

From JDSupra, Benjamin Stearns discusses a recent case in which the 9th Circuit Court of Appeals said that arbitration could be compelled on all claims except California’s Private Attorneys General Act (PAGA) claims.  Benjamin writes: A contractual arbitration clause may not be avoided by the allegation of “private attorney general” claims that are not arbitrable on public…

New North Carolina Law Provides Mechanism for Prosecuting Worker Misclassification

  From JDSupra, Patricia Heyen discusses the new North Carolina law that takes effect December 31, 2017.  Patrica writes: On August 11, 2017, the North Carolina Employee Fair Classification Act (EFCA) was signed into law. The new law, which will take effect on December 31, 2017, provides a mechanism that allows workers to more easily report—and state…

California To Hold Direct Contractors Jointly Liable For Subcontractor’s Unpaid Wages And Fringe Benefits

California

From JDSupra, Cary Palmer and Sierra Vierra discuss legislation that becomes effective January 1, 2018 that holds general contractor’s liable for subcontractor’s unpaid wages.  This may mean that general contractors would be liable for unpaid wages to workers who were misclassified as independent contractors also.  Cary and Sierra write: Beginning with contracts entered into on or after January 1,…

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

California

  From JDSupra, Dustin Carlton warns that California companies should still be vigilant about classifying workers as independent contractors even through the Trump administration has taken a more company-friendly approach.  Dustin writes: Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to…