Contingent worker sues Google claiming IC misclassification

(Photo credit: Wikipedia)

(Photo credit: Wikipedia)

From Staffing Industry Analysts –  “McPherson worked as a site merchandiser in the Google Play unit from January 2013 through December 2013 when his contract was ended, according to the suit.Google initially offered McPherson employment for $35 per hour for a maximum of 15 hours per week — later raising the max to 30 hours, according to the lawsuit. Google required McPherson register at oDesk to receive the offer. He was also told he would be considered a freelancer and be paid through oDesk.The lawsuit claims McPherson and other freelancers worked at Google’s Chelsea Market offices in New York and did the same work as W-2 employees. They were also assigned to teams that included W-2 employees and attended mandatory meetings and training sessions. Google also issued McPherson a cell phone, tablet and laptop.Other similarities to employees cited by the lawsuit include: McPherson’s email signature identified him as “Books + Magazines Merchandising, Google Play” and gave Google’s New York office address; freelancers were required to follow a Google-approved method for doing their work; and Google’s contractor code of conduct spelled out several restrictions including “appropriate attire” and “Google’s blogging policy.” The code also warned refusal of a work assignment and excessive absenteeism could result in the immediate end of their assignment.The suit argues McPherson and other contingents were required to complete set tasks during a set time frame. And they would not receive pay if the work took longer….”

 

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