Pennsylvania

Stiffer Penalties Proposed for Misclassification of Construction Workers 

Construction workers and steel beams

  From The Legal Intelligencer, Victoria Hudgins reports on a Pennsylvania state representative’s efforts to increase the penalties for misclassifying workers. The construction industry is frequently the target of government efforts to find and punish companies that misclassify workers. Victoria writes: A state representative seeks to increase the penalties for misclassifying construction employees as independent contractors.“Intentional…

Measure Twice, Cut Once: Understanding the Construction Workplace Misclassification Act 

Pennsylvania

From The Legal Intelligencer, Susan Nanes discusses Pennsylvania’s Construction Workplace Misclassification Act (CWMA). She writes: The CWMA (Construction Workplace Misclassification Act), 43 P.S. Secction  933.1-17, is a 2010 enactment (effective February 2011). In proposing the bill, the Pennsylvania House Labor Relations Committee sought to curb construction employers’ common practice, intentional or otherwise, of deeming workers to be…

Why Philly employers should pay attention to this California Supreme Court ruling

  From the Inquirer, Juliana Feliciano Reyes discusses the recent California decision and how it may affect other employers. Juliana writes: This week, the California Supreme Court issued a ruling that will make it harder for employers to classify their employees as independent contractors, leaving observers to wonder how the decision will affect companies like Uber and Lyft, which have built…

Registry Aims to End Confusion About Independent Contractor Status In Pennsylvania

Pennsylvania

  From WorkCompCentral, William Rabb reports on a bill filed by Pennsylvania General Assembly Representative Fred Keller.  Representative Keller’s bill, HB 1781, would allow an individual who is classified as an independent contractor for federal income tax purposes to register with the Department of Labor and Industry. Source: Registry Aims to End Confusion About Independent Contractor…

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees 

uber black car pickup

  From JDSupra, Susan Lessack discusses the decision that UberBLACK drivers were independent contractors.  The drivers operated their own transportation companies and their agreement with Uber said that the drivers were employees of the transportation comapny.  Susan write: On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the…

$4.59 Million Verdict for Exotic Dancers 

  From JDSupra, Richard Reibstein reports on a verdict in favor of exotic dancers who alleged they were misclassified. Richard writes: $4.59 MILLION JURY VERDICT IN FAVOR OF EXOTIC DANCERS APPROVED BY COURT IN IC MISCLASSIFICATION TRIAL.  A Pennsylvania federal judge approved a  jury’s verdict of $4.59 million in favor or a class of exotic…

Uber Scores Big Win in Independent Contractor Misclassification Case

  From JDSupra, Richard Reibstein discusses the recent decision that UberBlack drivers were independent contractors.  Richard writes: The Decision by Judge Baylson The case decided yesterday by Judge Baylson is Razak v. Uber Technologies, Inc., No. 16-cv-573 (E.D. Pa. Apr. 11, 2018).  In his decision, the judge first reviewed a number of cases decided by other courts…

Independent Contractor or Employee: Court Tackles Issue Once Again 

Pennsylvania

    From the Legal Intelligencer, Christian Petrucci, discusses a recent workers compensation case in Pennsylvania in which the court said that the 2010 Construction Workplace Misclassification Act (CWMA) could not be applied retroactively.  Christian writes: On appeal to the Commonwealth Court, the defendants argued that either the board improperly applied the CWMA retroactively or the…

Is Injured Worker an Independent Contractor or Employee 

Roofer

  From The Legal Intelligencer, Christian Petrucci discusses a recent case in which the facts were not disputed, only whether, based on the facts, the injured roofer was an employee or independent contractor.  Christian writes: The facts of Hawbaker are fairly common, and nicely ­illustrate the proper analysis. The claimant was injured in November 2013,…

Misclassifying Of Independent Contractors Targeted In Pact Between PA And US Department Of Labor 

Pennsylvania

    From Mondaq, Joseph A. McNelis III discusses the recent agreement between the Pennsylvania and United States Departments of Labor and what that means.  Joseph writes: In an effort to combat the misclassification of certain workers as “independent contractors,” the Pennsylvania Department of Labor & Industry (DLI) and the U.S. Department of Labor (DOL) signed a…