Time For A Checkup On Independent Workforce Arrangements |

From JDSupra, Adam L. Lounsbury, and Brendan Sweeney review recent developments relating to classifying workers as independent contractors including the Department of Labor’s postion, employer’s responsibilities to independent contractors relating to sexual harassment, state and local developments and state statutes. Adam and Brendan write: State and Local Developments Both the regulators and the courts in…

Ninth Circuit upholds arbitration provision testing the “outer limits” of what constitutes an enforceable arbitration agreement 

From JDSupra, James Bogan III discusses a recent case with the “outer limits” of what is a reasonably conspicuous agreement but in which the court enforced the arbitration agreement. James writes: Adhesion contracts are ubiquitous in modern internet commerce, and the rules of contract formation are generally the same for paper and on-line contracts.  Parties…

California District Court says payday lender’s arbitration provision is unconscionable 

From Lexology, Buckley LLP reports on a decision in which an arbitration was found to be unenforceable. Parties entering into arbitration agreements should be careful to ensure the agreement is not unconscionable or otherwise unenforceable. Buckley LLP writes: The lender moved to compel arbitration asserting that the consumers’ loan agreements contain prohibitions on class actions…

Physician not a Hospital “Employee” for Title VII Purpose

From The National Law Review, Rachel L. Berry discusses a recent case in which a physician at a hospital was an independent contractor because the hospital did not exercise control over the doctor’s conduct. Rachel writes: On May 8, 2019, the U.S. Seventh Circuit Court of Appeals reaffirmed its test to determine whether a worker qualifies…

Phlebotomists Settle Misclassification Case

From JDSupra, Richard Reibstein discusses a recent case in which phlebotomists settled a claim alleging that they were misclassified as independent contractors. Richard writes: MEDICAL COMPANIES SETTLE PHLEBOTOMISTS’ IC MISCLASSIFICATION CLASS ACTION.  A California federal court has given preliminarily approval to a $700,000 class action settlement between group of 118 phlebotomists and three medical companies…