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ABC Test Misclassification Corporate Counsel

Fisher Phillips

New Jersey Sharpens Focus on Misclassification Issues, Inches Closer to Adopting “ABC Test” Regulations: What Businesses Need to...

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As independent contractor misclassification enforcement eases up at the federal level, New Jersey is doubling down on the state’s strict test for determining how a worker should be classified under various state laws. The New...more

Troutman Pepper Locke

Even Clown Companies Are Targets of Independent Contractor Misclassification ‎Lawsuits: December 2023 IC Legal News Update

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We have had the opportunity, in the course of our independent contractor practice, to represent clients in over 75 diverse industries including some in rather esoteric businesses. These clients have included musical bands,...more

Troutman Pepper Locke

Can Last-Mile and Logistics Companies Compel Arbitration of Independent Contractor ‎Misclassification Cases? July 2023 IC Legal...

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We report on three case developments during July 2023 that raise the question whether last-mile, logistics, and delivery companies alleged to have misclassified drivers as independent contractors can compel arbitration of...more

Troutman Pepper Locke

Illinois Is the Focus of Last Month’s Independent Contractor Misclassification Cases: June ‎‎2023 IC Legal News Update‎

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We report below on four case developments during June 2023 in the area of independent contractor misclassification: two of which are centered on Illinois. That state has one of the most stringent statutory tests for...more

Troutman Pepper Locke

New Jersey is Becoming the Next California: February 2023 Independent Contractor Legal News Update

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Ever since the New Jersey Supreme Court issued its 2015 decision in the Sleepy’s case, establishing an ABC test for wage and hour lawsuits, class action lawyers have targeted companies operating in that state for IC...more

Troutman Pepper Locke

The Labor Department’s Independent Contractor Rule Has Little if No Legal Impact but Is Likely To Cause Anxiety for Stakeholders

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The Biden Administration’s Labor Department earlier today issued a proposed regulation that seeks to define the worker classification test for independent contractor or employee status under the Fair Labor Standards Act...more

Davis Wright Tremaine LLP

3rd Circuit Rules ABC Test Determines Employee or Independent Contractor for NJ Wage & Hour Claims

Employers who retain independent contractors in New Jersey may face greater exposure for wage and hour claims following a recent ruling in the 3rd Circuit Court of Appeal....more

Troutman Pepper Locke

Is the U.S. Supreme Court About to Dive Into the Independent Contractor Misclassification Field? November 2021 IC Law Update

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The highlights of independent contractor legal developments in November 2021 focus on interstate transportation workers. Questions addressed by the courts last month included whether ride-sharing workers classified as...more

Foley & Lardner LLP

7-Eleven Prevails in Employee Misclassification Suit

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A federal court for the Central District of California in Haitayan v. 7-Eleven, Inc. has ruled in favor of franchisor 7-Eleven and against four franchise owners who claimed they were employees under California law rather than...more

Troutman Pepper Locke

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

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The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more

BakerHostetler

Schrödinger’s Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling

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Originally published on WhoIsMyEmployee.com - May 3rd, 2021. Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of...more

CDF Labor Law LLP

Independent Contractors Denied Class Action Status Under the Dynamex ABC Test

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In a rare victory for employers, a California Court of Appeal in Wilson v. The La Jolla Group, 2021 WL 940283 (3/12/2021) affirmed the trial court’s denial of class certification of independent contractors’ wage and hour...more

Troutman Pepper Locke

Not So Fast: January 2021 Independent Contractor Law Update

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January 2021 may well be remembered in the independent contractor area of law as the “not so fast” month. The Fifth Circuit Court of Appeals told lower courts “not so fast” when it comes to certifying collective actions. ...more

Stokes Wagner

California Supreme Court Holds Dynamex ABC Test Applies Retroactively

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On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time...more

Burr & Forman

Department of Labor Announces Final Rule on Independent Contractor Status Under the Fair Labor Standards Act

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On January 6, 2021, the U.S. Department of Labor (“DOL”) announced its Final Rule to provide guidance on determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). ...more

Troutman Pepper Locke

“Yes” on Prop 22 in California Brings Relief to Rideshare and App Delivery Services; Legal Challenges Will Continue Under Federal...

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The results are in. Voters in California don’t want their rideshare and app-based delivery services to change. By an overwhelming majority, Proposition 22 was approved by California voters. Essentially, that means that...more

Troutman Pepper Locke

Polar Opposites Among Independent Contractor Tests: September 2020 News Update

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Last month presented a clash between the enactment of a new version of the most restrictive state law test in the nation for independent contractor status and the issuance of a proposed federal regulation that would create...more

Fisher Phillips

5 Most Significant Gig Economy Developments In September

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Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more

Foley & Lardner LLP

Federal Court Denies Class Certification of 7-Eleven Franchisees in Misclassification Suit

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A recent decision from a federal court in Massachusetts is a significant victory for franchisors who continue to face lawsuits alleging they have misclassified their franchisees as independent contractors rather than...more

Seyfarth Shaw LLP

AB 2257: Sweeping Changes To AB 5 Independent Contractor Law

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Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more

Troutman Pepper Locke

AB2257: Not Much Better Than AB5 for Most Industries in California Using Independent Contractors

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Many independent contractors complained of dire consequences after Assembly Bill 5 (AB5) became effective in California on January 1, 2020. Following intense lobbying and public relations campaigns, independent contractors in...more

Fisher Phillips

California Judge Hands Stinging Loss To Gig Economy Companies - 5 Takeaways From Ruling Ordering Ride-Sharing Drivers To Be...

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A California state court judge just handed a potentially groundbreaking loss to gig economy companies across the state by granting an injunction forcing the two biggest ride-sharing companies in the nation to classify their...more

Fisher Phillips

San Francisco Files Misclassification Lawsuit Against DoorDash And Promises More Litigation Is To Come

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San Francisco ratcheted up the pressure on California gig economy companies by not only filing a misclassification lawsuit against DoorDash, but promising that more such litigation was to come against other companies. Upon...more

Troutman Pepper Locke

May 2020 Independent Contractor Misclassification and Compliance Law News Update

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May 2020 was not a busy month for the filing of new independent contractor misclassification lawsuits, as some courts were closed for new filings and many lawyers were working remotely. But five cases came to our attention...more

Epstein Becker & Green

AB 5, Dynamex and Borello: What Standard Governs Independent Contractor Status In California?

It is no secret that independent contractor misclassification claims are being filed against employers with a great deal of frequency, often as class actions and often in California.  Many of those lawsuits have been filed...more

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