On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor misclassification. The Advice Memo has already been reported in the trade as ruling that the misclassification
August 2016
“Misclassification Mythbusters”: The Labor Department’s Latest Effort to Crack Down on Independent Contractor Misclassification
The U.S. Department of Labor has just released a dozen Q&A’s on the issue of IC misclassification in an online publication it calls “Misclassification Mythbusters.” The 12 IC misclassification “myths” that it seeks to debunk are intended to educate workers about their status as ICs and to foster …
$100 Million Independent Contractor Settlement Rejected by Judge; Misclassification Lawsuit to Proceed
Earlier today, Uber and its drivers were denied in their efforts to settle the IC misclassification lawsuits brought by Uber drivers in California and Massachusetts. As readers of this legal blog will recall from my post of April 22, 2016, Uber entered into a proposed settlement with counsel for the…
July 2016 Independent Contractor Misclassification and Compliance News Update
Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that minimizes the likelihood of being targeted by class action lawyers and regulators. These four cases involve two…