Worker Misclassification

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…

What Does GrubHub’s Big Win Mean for Other On-Demand, Sharing Economy Businesses? 

grubhub website

  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein offers a superb, thorough analysis of the decision that a Grubhub worker was an independent contractor.  Richard reviews the court’s decisions and provides his analysis and takeaways. Richard writes: The Court’s “Upshot” and “Conclusion” Judge Corley then penned a section of the opinion she called “The…

Staffing Company Providing Nurses Unable to Gain Dismissal of IC Misclassification Claim

group of nurses

  From JDSupra, Richard Reibstein reports that a South Carolina court relied on a contract provisions that said that the nurses “are employees of [the staffing company] and not [the state],” and  “[a]ll matters concerning wages, expenses, hours worked and paid, working conditions, and other similar administrative matters shall be resolved between [the staffing company] and…

U.S. judge says Grubhub driver was independent contractor

grubhub website

  From Reuters, Daniel Wiessner reports that U.S. Magistrate Judge Jacqueline Scott Corley said that a Grubhub drivers was an independent contractor.  Daniel writes: A U.S. judge in San Francisco on Thursday said a former Grubhub Inc delivery driver was an independent contractor and not the company’s employee, in the first case of its kind against…

How to Compliantly Engage Independent Contractors

MBO_Logo_-_Red_Knockout

  MBO Partners provides excellent guidance on how to engage with independent contractors in a compliant manner. Without proper management of these workers, you run the risk of misclassification which can lead to audits, fines, penalties, and lawsuits. Workers in nearly every specialty are moving away from traditional employment and towards an independent consulting model. As an organization…

Louisiana Court Conditionally Certifies Class of Construction Workers

men working at construction site

  From JDSupra, Richard Reibstein reports in the January 2018 Independent Contractor Misclassification and Compliance News Update that a federal court has certified construction workers in a case alleging they were misclassified as independent contractors.  Richard writes: LOUISIANA COURT CONDITIONALLY CERTIFIES CLASS OF CONSTRUCTION WORKERS IN IC MISCLASSIFICATION CASE. A Louisiana federal court has granted a motion to conditionally…

Supreme Court Denies Review of FLSA Joint-Employer Test

Supreme Court building

  From Lexology, Holland & Hart discuss the Supreme Court’s decision to not review the test determining when two employers are considered joint employers. They discuss the 4th Circuits’ broad approach and contrast it with the economic realities test taken by other jurisdictions.  They write: Fourth Circuit Court Takes Expansive Approach On appeal, a Fourth Circuit…

The Pros and Cons of Hiring Employees Vs. Independent Contractors

pros and cons on keyboard

  From eVisionMedia, Katherine Hartvickson offers her guidance on the pros and cons of hiring employees and independent contractors. Or those that provide services such as bookkeeping, human resources, safety administration, computer support or project management on an as-needed basis. Pros: Typically, IC’s enjoy a higher rate of pay than employees since there are no additional costs.…

Employee or Contractor: Which One Are You Really?

feet with two arrows

    Freshbooks shares its view on how control determines the difference between an employee and independent contractor. Employee or Contractor? The Difference Is All About Control Whether you’re an independent contractor or an employee, it’s determined by how much control your employer has over your schedule and work. If your client defines exactly how…

Employee or Independent Contractor? A Question of Economic Realities

economic realities headline

  From Aronson Beyond the Numbers, Jessica Taylor discusses the economic realities test for determining if a worker is an independent contractor or employee.  Jessica writes: While independent contractors typically enjoy the benefits of a flexible arrangement, employers also benefit from fringe benefit costs. When a worker can be accurately classified as an independent contractor by the…