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.

On January 10, 2014, Governor Andrew Cuomo signed into law the New York Commercial Goods Transportation Industry Fair Play Act  (S5867-2013; A5237b).  The new law targets transportation and delivery companies in New York that classify as independent contractors certain drivers that deliver commercial goods in the state.

Reprinted with permission from the November 27, 2013 edition of the New York Law Journal ©2013 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact ALMReprints.com, 877.257.3382 or reprints@alm.com.

A new bill that will significantly limit the use of independent contractors to

November 2013

In the Courts

  • A Massachusetts federal court approved on November 26, 2013 a $10.0 million settlement in a class action lawsuit against CleanNet USA Inc., who was alleged to have violated Massachusetts independent contractor law by misclassifying employees as independent contractor “franchisees.”  The settlement reportedly includes $7.5

Earlier today, November 18, 2013, the Wage and Hour Division of the U.S. Department of Labor entered into a Partnership Agreement with the Labor Bureau of the New York State Office of Attorney General and a similar Agreement with the New York State Department of Labor.  Both agreements are

Yesterday, November 12, 2013, Senator Bob Casey (D-PA) convened a hearing of the Senate Subcommittee on Employment and Workplace Safety. Senator Casey mentioned at the outset of the hearing that “independent contractors serve a valuable role in our economy” and that there is no intent on his part or on

October 2013

In the Courts

  • A Florida federal district court denies a cable contracting company’s motion to decertify a conditionally certified class of cable technicians who brought a class action lawsuit against Broadband Interactive alleging that they were misclassified as independent contractors and denied minimum wage and overtime pay under