The past two months were two of the busiest ever in terms of judicial decisions involving claims of independent contractor misclassification, administrative and regulatory initiatives, and legislative developments. They are combined in this blog post.
Two of the most impactful cases involved Amazon and Jan-Pro, a nationwide commercial cleaning franchisor.…
For the past 18 months, insurance companies have been holding their collective breath to see if an appellate court would affirm or reverse an Ohio federal district court decision concluding that thousands of current and former agents for American Family Insurance Company were employees and not independent contractors under ERISA,…
Earlier today, the National Labor Relations Board issued a decision overturning a union-friendly test for independent contractor status that had been adopted by the Board during the Obama Administration. In its decision in SuperShuttle DFW Inc., the NLRB, which is now controlled by a majority of Board members appointed by…
As reported six months ago in an article in the E&P Journal, the oil and gas industry is one of those that is under attack by plaintiffs’ class action lawyers filing independent contractor misclassification lawsuits. My colleagues Bill Swanstrom and Mike Rose joined me then in commenting on some…
There were only a handful of independent contractor misclassification cases of significance in December and each of those matters relates to the subject of prior comprehensive posts on this blog.
The first involved FedEx Ground, which has paid hundreds of millions of dollars to settle dozens of class action lawsuits…
This post was published in an abbreviated form on the E&P website (May 2, 2018), which can be found by clicking here. Those portions are reprinted here with permission from E&P Copyright 2018 (800.372.1033).
A cottage industry for plaintiffs’ class action lawyers has been independent contractor (IC) misclassification lawsuits,…
Independent insurance sales agents have been treated as independent contractors for decades. But recently, class action lawyers have begun to target insurance companies with claims that insurers have misclassified these sales agents as ICs instead of employees. These lawsuits allege that insurance companies have violated wage and hour, employee benefit,…
2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what to expect in 2018 in this area of the law. Both…
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…
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…
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