Appellate Division Rules Independent Contractor Agreements Signed by Driver’s Corporation Not Bullet Proof Against Class Action Overtime and Wage Deduction Claims 

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  From JDSupra, Patrick McGovern discusses a New Jersey case in which an appellate court allowed a misclassification claim to proceed even though the company signed an independent contractor agreement with separate corporations. Patrick writes: The Appellate Division held that “a court is not limited to the terms of the contract between the parties” and the…

3 Questions to Help You Determine if You are being Misclassified

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From ClassAction.com, Cheryl Bowman discusses three questions that might indicate an independent contractor is misclassified. These questions are a good starting point for examining whether a relationship is an employer/employee or independent contractor relationship. Cheryl writes: 1. How Much Control Do You Have Over How You Complete Your Work? One of the major tell-tale signs…

Cell Phone Sales Representatives Settle Misclassification Claims

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  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein reports a settlement between outside sales representatives and the cell phone sales company for whom they worked. Richard writes: A California federal court has approved a settlement of a proposed class and collective action by sales representatives against cell phone marketing company, Open Door Marketing,…

What Exactly Is Indemnification, And How Does It Affect A Freelance Contributor?

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  From Forbes, Art Neill discusses an indemnification clause in a writer’s freelance agreement but the advice is valuable for all independent contractor agreements. Indemnification clauses are common in independent contractor agreements and can, among other things, demonstrate that the independent contractor has a financial risk in a relationship which may be important in some independent…

How to Effectively Draft Arbitration Clauses with Class Action Waivers in Independent Contractor Agreements 

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  From JDSupra, Richard Reibstein provides great advice on how to prepare arbitration clauses in independent contractor agreements including: designate clients and other third parties as beneficiaries of the arbitration clause; and specifically state that an arbitrator cannot conduct a class arbitration Read the full story: Source: How to Effectively Draft Arbitration Clauses with Class…