January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in settlement for a small group of aircraft workers. Meanwhile, Time Warner was sued for allegedly misclassifying
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.
December 2016 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
In my update below for last month’s developments in this area of the law, I report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each of the cases suggests rough sailing for such businesses if they…
The Labor Department’s New Independent Contractor Misclassification Web Page: While It Is Likely To Confound Viewers, It May Prompt Workers to File Complaints and Businesses to Enhance Their IC Compliance
By Richard Reibstein Esq. on
Posted in Uncategorized
The U.S. Department of Labor earlier today reissued its resources on independent contractor misclassification and grouped them together with resources from other federal and state agencies on the subject. This appears to be the Labor Department’s effort to create a type of one-stop shopping page for government materials on independent…
New Court Ruling Reveals Another Type of IC Misclassification Exposure for On-Demand Companies
By Richard Reibstein Esq. on
Posted in Uncategorized
Gig economy companies based on an independent contractor model beware.
On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by limousine drivers that claim they were not paid minimum wage and overtime for…
November 2016 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
My news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors. Cases reported below for November 2016 involve misclassification lawsuits prosecuted by administrative agencies and class action …
Businesses Everywhere Take Note: NYC Independent Contractor Law Will Have Impact Well Beyond the City
By Richard Reibstein Esq. on
Posted in Uncategorized
Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take note. Earlier today, November 16, 2016, Mayor de Blasio signed into law the Freelance Isn’t Free Act (No. 1017-2015…
Trump’s Impact on Independent Contractor Misclassification: States will Likely Increase Enforcement After Feds Dial Down Theirs
By Richard Reibstein Esq. on
Posted in Uncategorized
In the past eight years, the Obama Administration has spearheaded enforcement initiatives on independent contractor misclassification through the U.S. Department of Labor and the IRS. That crackdown, however, seemed to be focused on the low-hanging fruit – companies that often had little or no defense to the claim that they…
October 2016 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
My update for this past month is noteworthy for the fact that I report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well as a small local business like a New York City yoga studio. …
Freelancers to Enjoy Fee Payment Protections in New York City, But Bill Passed by City Council Has Major Defects
By Richard Reibstein Esq. on
Posted in Uncategorized
On October 27, 2016, the New York City Council passed a bill, commonly referred to as the Freelance Isn’t Free Act (No. 1017-2015), which is likely to be signed by the Mayor shortly. It seeks to ensure that independent contractors providing services as individuals are offered a written…
New York’s Highest Court Issues IC-Friendly Ruling, Holding That Certain Yoga Teachers Are Valid Independent Contractors
By Richard Reibstein Esq. on
Posted in Uncategorized
Earlier today, October 25, 2016, the New York Court of Appeals issued an important decision on the issue of independent contractor status. The Court held that a group of yoga instructors working at a New York City yoga studio were not employees covered by the New York Unemployment Insurance Law…