Evers announces members of worker misclassification task force

Wisconsin - blue map

From The Daily Reporter, Nate Beck reports that Wisconsin’s governor has named the members of a worker misclassification task force that will look at how Wisconsin addresses misclassification of workers as independent contractors instead of employees. Nate writes: Gov. Tony Evers on Friday announced appointments to a task force that will examine worker misclassification and…

Enforceability of an Arbitration Clause in an Employment Contract

man signing a contract

Written by Roxana. Most employers make their employees sign an employment contract when they hire them. These employment contracts usually contain, among other terms, an arbitration clause.  This clause precludes an employee from suing the employer in court for wrongful termination of employment, discrimination or any other violation under the agreement. It prescribes arbitration as…

New Jersey Wage Deduction Class Action Revived By Appellate Division: More Independent Contractor Fallout 

From JDSupra, Mark Tabakman discusses a recent case in which the court found deductions for workers compensation were improper because the workers were misclassified as independent contractors. Mark writes: When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees.  Sometimes, if those individuals…

Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable 

From JDSupra, Aaron Rubin discusses a case in which an arbitration agreement allegedly agreed to by clicking an “Continue” button was not enforced. Aaron writes: When Anand navigated through the www.retailproductzone.com website in 2017, the words “I understand and agree to the Terms & Conditions which includes mandatory arbitration and Privacy Policy” were displayed above a “Continue” button.…

9th Circuit Asks California High Court When Independent-Contractor Test Applies

California

From the Society for Human Resource Management (SHRM), Lisa Nagele-Piazza, J.D., SHRM-SCP discusses the Ninth Circuit Court of Appeals request that the California Supreme Court address whether the Dynamex decision should be applied retroactively. Lisa writes: Does California’s stringent independent-contractor test apply retroactively, or only to new misclassification claims? The 9th U.S. Circuit Court of…