DOL Grants Could Signal More Misclassification Actions

From Manatt, Phelps & Phillips, LLP and JDSupra. “DOL Grants Could Signal More Misclassification Actions Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging from FedEx drivers to National Football League cheerleaders challenging their status. Now employers should brace themselves for…

High Court Asked To Rein In 9th Circuit Court on Misclassification of Drivers

From Law 360 — “Affinity Logistics Corp. has urged the U.S. Supreme Court to review a Ninth Circuit decision that its retail store delivery drivers are not independent contractors, arguing that the appeals court ignored the district court’s detailed and reasoned fact-finding, in violation of the high court’s well-established deference standards. In its petition for…

Firms may face bigger IC risk than they realize

From Staffing Industry Analysts – “Independent contractor misclassification may be a larger financial risk than companies realize, according to a survey of 51 US executives released by ICon Professional Services, a Foster City, Calif.-based provider of independent contractor compliance and payrolling services. The survey found 68 percent of respondents had great confidence they would pass…

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

Nathan S. Gibson - doctor photo

From JD Supra, Hinshaw & Culbertson LLP write:  “On appeal in the case, Alexander  v. Avera St. Luke’s Hosp., No. 13-2592 (8th Cir. Sep. 30, 2014), the Eighth Circuit considered the appropriate tests for independent contractor under the laws implicated. The court held that under the ADA and ADEA, the term “employee” meant the common-law master-servant relationship…