Worker Misclassification

Physician not a Hospital “Employee” for Title VII Purpose

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…

Tech Support Independent Contractor Class Claims Climbing 

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…

Off-Duty Police Officers Are Employees, Not Independent Contractors 

police officer

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;…

Labor Department Faces Blowback After Gig Economy Opinion Letter 

eal_of_the_United_States_Department_of_Labor

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…

NLRB Releases Advice Memos On Gig Workers, Inflatable Critters, And More 

national labor relations nlrb logo

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…

The future for Uber drivers won’t be decided by the US government

Smiling Uber driver with two passengers

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…

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors 

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…