Last month was notable for a number of judicial and administrative decisions against companies defending independent contractor misclassification claims. In one case, the plaintiff seeks to use the company’s statements in its filings with the U.S. Securities and Exchange Commission to establish IC misclassification. This strategy is an example of
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Home Care and Nursing Registries Are Subject of New Independent Contractor Guidance
By Richard Reibstein Esq. on
Posted in Uncategorized
The home health care industry has been targeted in the past for independent contractor misclassification by the U.S. Department of Labor and state workforce agencies, particularly with respect to home health aides. Earlier today, July 13, 2018, the U.S. Department of Labor issued guidance that, on its face, seems to…
June 2018 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
This past month was not a particularly newsworthy month in the area of independent contractor misclassification and compliance, but four court cases and a government study do provide insights for businesses that rely on ICs.
In the first case reported below, a group of newspapers thought they had won their…
April and May 2018 Independent Contractor Misclassification and Compliance News Update
By Richard Reibstein Esq. on
Posted in Uncategorized
The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in California but also to those based in other states with ICs across the U.S., including in the…
Questions Left Open by Dymamex, And What Companies Can Do To Enhance Their IC Compliance
By Richard Reibstein Esq. on
Posted in Uncategorized
When the California Supreme Court issued its groundbreaking decision in the Dynamex case on April 30, announcing a new test to be used in determining independent contractor status under certain California laws, it left open a host of questions that are likely to vex lawyers, businesses and workers. It may
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Oil & Gas Industry Is Next Target for Independent Contractor Misclassification Lawsuits
By Richard Reibstein Esq. on
Posted in Uncategorized
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 Contractor Bombshell for California Businesses: California Supreme Court Curtails the Lawful Use of ICs
By Richard Reibstein Esq. on
Posted in Uncategorized
Earlier today, the California Supreme Court established the Golden State as one of the least hospitable jurisdictions in the nation toward independent contractor status. Abandoning its decades-old common law test used to determine IC status, the California Supreme Court in Dynamex Operations West v. Superior Court (No. S222732), created a…
Prediction: California Supreme Court Will Re-Affirm Existing Test for Independent Contractor Status
By Richard Reibstein Esq. on
Posted in Uncategorized
This blog post has been superseded by the post on April 30 entitled “Independent Contractor Bombshell for California Businesses”
Tomorrow, April 30, 2018, the California Supreme Court is expected to issue a decision in a case that could change the legal test as to whether an individual is…
Uber Scores Big Win in Independent Contractor Misclassification Case
By Richard Reibstein Esq. on
Posted in Uncategorized
Yesterday, Uber Technologies, Inc. won a watershed case under federal and state wage laws on the issue of whether Uber drivers are independent contractors, as the company has steadfastly maintained. A federal district court in Pennsylvania granted summary judgment in favor of Uber concluding that UberBLACK limousine drivers, as a…
Insurance Industry Now Being Targeted for Independent Contractor Misclassification Lawsuits
By Richard Reibstein Esq. on
Posted in Uncategorized
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,…