From JDSupra, Michelle Roberts Gonzales and Tao Leung discuss two cases involving arbitration clauses in California. In the first case, the court enforced the arbitration clause because the employee’s continuing employment amounted to acceptance of the agreement. In the second case, the court did not enforce the agreement because of deficiencies in the terms of the…
Teamsters.org reports that California truck drivers were awared $1.2 Ten California port truck drivers who haul cargo for Best Buy, Puma and Lowe’s have been awarded more than $1.2 million by the California Labor Commissioner for wage theft due to misclassification as independent contractors. The decision orders K&R Transportation, which was purchased by NFI Industries in…
Staffing Industry Analysts (SIA) reports that Wisconsin has launched a task force to investigate worker misclassification. SIA reports: Wisconsin Gov. Tony Evers this week signed an executive order launching a joint enforcement task force on payroll fraud and worker misclassification. The task force will coordinate worker misclassification matters handled by the Departments of Revenue, Workforce Development, and…
From Lexology, Cheryl D. Shoun discusses a decision by the South Carolina Supreme Court said that a non-signagtory could enforce an arbitration agreement only if it received a direct benefit of the contract. Cheryl writes: State and federal courts have issued myriad opinions emphasizing the importance of and favor for arbitration. The Federal Arbitration Act…
From Lexology, Stephen T. Melnick reviews a recent case in which the Massachusetts Supreme Judicial court discussed aspects of class action certification for wage and hour claims – claims that would typically be made when there is an allegation that a worker was misclassified as an independent contractor. Stephen writes: The Massachusetts Supreme Judicial Court…