From HRDive, Jennifer Carsen reports on a case in which barbers in Florida were found to be independent contractors. Jennifer writes: A lower court did not err in leaving intact a jury’s finding that two barbers were not entitled to back overtime pay because they were independent contractors exempt from the Fair Labor Standards Act’s…
From Lexology, Anna P. Lazarus and Kevin J. White discuss a new Florida statute that says Lyft and Uber drivers are independent contractors. Unfortunately, Lyft, Uber and other transportation companies are still subject to federal laws and their classification of workers. Anna and Kevin write: That issue just became a much simpler one in Florida:…
From JDSupra, Richard J. Reibstein discusses the new Florida law that says Uber, Lyft and similar drivers are independent contractors if they meet certain conditions. As Richard points out, this has no effect on claims of misclassification under federal law because this law does not preempt federal law. Richard writes: On May 9, 2017,…
From JD Supra, Richard Meneghello discusses the new Florida law and its similarity with a recent case from 2nd Circuit Court of Appeals. Richard writes: The key is that gig companies will have this protection from misclassification claims so long as they Avoid unilaterally prescribing specific hours during which drivers should be logged into the digital…
From Lexology, Richard R. Meneghello and Brett Owens discuss the key features of a new Florida legislation that creates a clear standard for classifying drivers for transportation network companies as independent contractors. Richard and Brett write: One of the main thrusts of the bill is to ensure the safety of those using ride-sharing services of “transportation…
From Newmeth Law Employment Blog, Patricia Nemeth and Kellen T. Myers discuss the Florida finding that an Uber driver was an independent contractor and a recent Michigan statute that also says Uber and Lyft drivers are independent contractors. They write: On March 21, 2017, the “Limousine, Taxicab, and Transportation Network Company Act” becomes effective,…
From Daily Commercial, Dara Kam reports that a Florida appeals court said that an Uber driver was an independent contractor and not eligible for unemployment benefits. TALLAHASSEE – Siding with the San Francisco-based technology giant, a Florida appeals court Wednesday upheld a decision by Gov. Rick Scott’s administration that Uber drivers are independent contractors –…
From the Dolman Law Group, Matthew Dolman discusses independent contractors in the trucking industry and provides guidance for independent contractors in Florida. Matthew writes: Florida Wage and Hour Florida’s current minimum wage is $8.05. For overtime and exemption policies, Florida follows the Fair Labor Standards Act (FLSA) drafted by the government that classifies two groups…
From the South Florida Business Journal, Cindy Barth shares the final order issued by the Florida Department of Economic Opportunity classifying Uber drivers as independent contractors. The final order says: “The department finds that the drivers at issue here — providers of transportation services through the Uber software application — are independent contractors, not employees, and…
From Quartz, Alison Griswold reports that the Florida Department of Economic Opportunity (DEO) said that two Uber drivers in Florida were independent contractors and not employees. Alison writes: “The technology is novel and the economic transformation is important, but the law is straightforward,” an order issued Thursday states. “The transportation providers at issue here were…