Wonder Bread supplier to settle distributors’ misclassification claims for $9M

From HRDive, Katie Clarey reports on a settlement between workers and the company that makes Wonder Bread of claims alleging that the workers were misclassified as independent contractors and not a paid overtime. Katie writes: Flowers Foods — the company that bakes for brands including Wonder Bread, Sunbeam and Tastykake — has struck an agreement to settle…

Moonlighting Police Officers Are Employees, Not Independent Contractors, Says Sixth Circuit 

Police officer directing traffic

From Lexology, Allan Bloom reports that the Sixth Circuit Court of Appeals found that police officers working for a privacy security and travel control business outside their regular jobs were employees and not independent contractors. Allan writes: The defendant, Off Duty Police Services (ODPS), contracts with businesses in and around Louisville, Kentucky, to offer private security and…

Independent Contractor Not Compelled to Arbitrate with Non-Signatory of Independent Contractor Agreement

Independent contractor agreement

The staff at Massachusetts Lawyers Weekly reports on a case by the First Circuit Court of Appeals in which the client of a staffing company was not able to compel arbitration based on the Independent Contractor Master Agreement between the staffing company and the independent contractor. They write: “SPAR Group, Inc. (‘SPAR’) appeals from the…

New Jersey ABC Test: Third Circuit Decides It Isn’t Preempted by Federal Law

Map Of New Jersey 3d Shape

From The National Law Review, Michael D. Thompson discusses the Third Circuit Court of Appeals decision that the Federal Aviation Administration Authorization Act does not preempt New Jersey’s ABC test for determining if a worker is an employee or independent contractor. Michael writes: In determining whether the FAAAA preempts a state law, courts consider whether the law’s…

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status 

Map Of New Jersey 3d Shape

From JDSupra, Alexander Chemers and Ryan T. Warden report that the Third Circuit Court of Appeals found that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) did not preempt New Jersey’s ABC test. Alexander and Ryan write: Tasked with determining whether New Jersey’s ABC test was preempted by the FAAAA, the Third Circuit began by reviewing previous preemption…