From Luxury Travel Advisor, Matt Turner reports that Congresswoman Elise Stefanik (NY-21st) introduced a bill that would provide clear and consistent rules for classifying workers as employees or independent contractors. Matt writes: While plenty of focus in recent weeks has been spent combating California Assembly Bill (AB) 5, which would drastically change the host travel agency…
From JDSupra, Stephen Parsley and Michael Pennington discuss a recent case in Alabama which serves a a reminder of the importance of a class action waiver in arbitration agreements. Stephen and Michael write: A recent decision in the Supreme Court of Alabama highlights the continuing wisdom of including a class waiver even following the U.S.…
From Jaburg Wilk, David N. Farren discusses risks of misclassification of workers and provides an excellent overview of the FLSA “Economic Reality” test, the Title VII common law Agency test, the IRS 20-factors test, and Arizona’s right to control test. David writes: Arizona’s “Right to Control” Test Arizona courts and state agencies use a “right…
From the Daily Kos, Dawn R Wolfe discusses Michigan Attorney General’s initiative to address misclassification. Dawn writes: In April, Michigan Attorney General Dana Nessel announced the creation of a Payroll Fraud Enforcement Unit to tackle the problem of businesses that steal from their employees and their communities. Earlier this month, Nessel’s office announced that it was getting…
From Barnes & Thornburg LLC, Peter J. Wozniak and Mark Wallin discuss a recent case that said an arbitration agreement in an employee handbook was not enforceable under Missouri law. Peter and Mark write: In Shockley v. PrimeLending, the Eighth Circuit agreed with the district court that the applicable arbitration and delegation provisions contained in the employee handbook…