September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its couriers ; the riveting non-jury trial before a federal judge in California in what is believed to be the first
Richard Reibstein Esq.
As a leading practitioner of enhancing independent contractor compliance and defending against misclassification claims, Richard represents large and small companies in administrative and judicial matters across the country, in addition to his labor/employment and noncompete/trade secrets practices.
Why the Supreme Court’s “Big” Case on Class Action Waivers May Have Little Impact on Some Companies Including Those Using Independent Contractors
By Richard Reibstein Esq. on
Posted in Uncategorized
Tomorrow, October 2, the Supreme Court will hear argument on what many commentators are calling one of the biggest issues affecting companies in the past decade – whether mandatory arbitration clauses with class action waivers in the employment context violate the National Labor Relations Act and are therefore unenforceable, or…
August 2017 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
This past month was unusually “slow” in terms of developments in the law of independent contractor misclassification and compliance. There was no blockbuster court decision or lawsuit filed, although one interesting development is an effort by some FedEx drivers who were not included in prior settlement agreements between the company…
June and July 2017 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
The most notable legal developments during the June/July period were appellate decisions: one by the Vermont Supreme Court holding that a construction company did not misclassify a carpentry contractor under that state’s unemployment insurance law; the other by the California Court of Appeal, an intermediate level appellate court, affirming a…
Uber’s Former CEO and Current Chairman of the Board Sued Personally for Independent Contractor Misclassification – Is This an Effort by the Drivers to Circumvent Uber’s Arbitration Agreements?
By Richard Reibstein Esq. on
Posted in Uncategorized
Yesterday, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that the company misclassified them as independent contractors instead of employees. This lawsuit, though, is not against the company itself; rather, it is against Travis Kalanick, the former CEO and a…
May 2017 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in Florida) and the introduction of a bill in Congress. As discussed below, these legislative initiatives…
Labor Department Withdraws Independent Contractor Misclassification Guidance Issued in 2015: What Does this Mean for Businesses Using ICs?
By Richard Reibstein Esq. on
Posted in Uncategorized
Earlier today, the U.S. Department of Labor issued a short, 3-sentence News Release where the recently-confirmed Labor Secretary, Alexander Acosta, announced that he has withdrawn the Labor Department’s formal guidance on two key issues facing businesses: joint employment and independent contractors. The first guidance on joint employment, which was issued…
What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Would Do – And Would Not Do
By Richard Reibstein Esq. on
Posted in Uncategorized
Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well change if the two Democratic sponsors of a bill introduced today in Congress are able to get bipartisan support for…
Limited Impact of New Florida Law Deeming Uber, Lyft and Other Ride-Sharing Drivers As Independent Contractors and Not Employees
By Richard Reibstein Esq. on
Posted in Uncategorized
On May 9, 2017, Governor Rick Scott of Florida signed the Transportation Network Companies Act (HB 221), which designates drivers for ride-sharing companies in the on-demand or gig economy as “independent contractors” as long as the “transportation network company” meets four criteria that are currently met by Uber,…
New York City’s First-in-the-Nation Independent Contractor Law Takes Effect Next Week
By Richard Reibstein Esq. on
Posted in Uncategorized
On May 15, 2017, a first-in-the-nation law regulating the relationship between independent contractors and those who retain their services goes into effect in New York City. Regardless of where a company is headquartered, it will likely enter into contracts with one or more independent contractors who live or work in…