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
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.
“Misclassification Mythbusters”: The Labor Department’s Latest Effort to Crack Down on Independent Contractor Misclassification
By Richard Reibstein Esq. on
Posted in Uncategorized
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
By Richard Reibstein Esq. on
Posted in Uncategorized
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
By Richard Reibstein Esq. on
Posted in Uncategorized
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…
New York Establishes a Super IC Misclassification-Plus Task Force
By Richard Reibstein Esq. on
Posted in Uncategorized
Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and Employee Misclassification. Those who follow IC misclassification developments in all 50 states, such as the publisher of this legal…
June 2016 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as I have articulated in this legal blog on numerous occasions, every one of…
$240 Million Settlement Closes Chapter on FedEx IC Misclassification Lawsuits
By Richard Reibstein Esq. on
Posted in Uncategorized
FedEx yesterday announced that it reached a settlement of its remaining independent contractor class action lawsuits in 20 states with its Ground Division drivers for $240 million, pending court approval. Coming on the heels of its $226 million dollar settlement in the California class action against it, FedEx will pay…
May 2016 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
In the Courts (2 cases)
TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against Credico (USA) LLC and its subcontractors, which provide face-to-face sales and marketing services, by agents…
Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination Claims
By Richard Reibstein Esq. on
Posted in Uncategorized
A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to allow her to relocate to California to undergo transgender transition surgery. This case…
New Federal Trade Secrets Law Applies to Independent Contractors, Too – Including the Notice Provisions!
By Richard Reibstein Esq. on
Posted in Uncategorized
Earlier today, President Obama signed into law the Defend Trade Secrets Act (DTSA), which the Senate and House passed with overwhelming bipartisan support. While the impetus for the new law has been trade secret theft by foreign and domestic interests in the form of economic espionage, the DTSA applies to…