From The National Law Review, Rachel L. Berry discusses a recent case in which a physician at a hospital was an independent contractor because the hospital did not exercise control over the doctor’s conduct. Rachel writes: On May 8, 2019, the U.S. Seventh Circuit Court of Appeals reaffirmed its test to determine whether a worker qualifies…
From Mondaq, Azita Iskandar provides an excellent analysis of the classification of a worker as an employee or independent contractor under a wage order and under the Copyright Act. Azita reviews the Dynamex decision and its adoption of the ABC test for determining if a worker is an employee or independent contractor for the purpose…
From JDSupra, Mark Girouard and Joseph (Joe) Schmitt report that claims alleging that tech support workers were misclassified are risking. Mark and Joe write: Source: Tech Support Independent Contractor Class Claims Climbing | Nilan Johnson Lewis PA – JDSupra Related posts: Oil and Gas Industry has become a Prime Target for Independent Contractor Misclassification Lawsuits…
From Mondaq, Kara E. Shea discusses a recent case in which off-duty police officers were found to be employees. Kara writes: The 6th Circuit first set forth the “economic realities” test, listing the factors to consider when determining whether an individual is an employee or an independent contractor: Permanency of the relationship between the parties;…
From JDSupra, Richard Meneghello discusses Congressional feedback on the Department of Labor’s Opinion Letter. Source: Labor Department Faces Blowback After Gig Economy Opinion Letter | Fisher Phillips – JDSupra Related posts: US Department of Labor signs agreement with Nebraska Department of Labor to protect workers from misclassification The United States Department of Labor announced…
From The Law Office of William W. Hurst, Chase Wilson discusses a case in which the limits of the injured party’s recovery depended on whether the worker was an independent contractor or employee. Chase writes: Work and death are two topics of conversation that most people try to avoid, but a recent ruling by the…
From JDSupra, Robin E. Shea discusses several memos released by General Counsel of the National Labor Relations Board (NLRB) including the memo saying that Uber drivers were independent contractors. Robin writes: The Uber-memo. This one is probably the most significant of the bunch, and it is relatively recent (dated April 16 of this year). The General Counsel concluded…
From Quartz, Alison Griswold discusses the National Labor Relations Board (NLRB) memo that said that Uber drivers are independent contractors but notes that local ordinances are more likely to affect the classification of Uber drivers as employees or independent contractors. Alison writes: The NLRB ruling is a blow to people who believe Uber drivers are…
From JDSupra, Richard Meneghello discusses the National Labor Relations Board’s General Counsel advice memo that said Uber drivers were independent contractors. Richard writes: Today, however, gig companies are feeling the good kind of whiplash after the National Labor Relations Board’s General Counsel released an advice memo concluding that a group of Uber drivers are properly classified as…
From LANDLINEmag.com, Mark Schremmer reports that truckers are suing the manufacturer of Wonder Bread alleging that the were misclassified as independent contractors. Mark writes: Another case involving a class of truck drivers who say they were misclassified as independent contractors is set to move forward. On Tuesday, May 7, the U.S. District Court for the…