News & Analysis as of

Misclassification Appeals Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Perkins Coie

Rare Employer Victory in CA Misclassification Case

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A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...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

Fisher Phillips

October 2020: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Rideshare Companies Get Last-Minute California Reprieve – But Pivotal Gig Economy Appeal Will Be Heard At Warp Speed

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Just a few hours before they were subject to a court order forcing them to transform all of their drivers from independent contractors to employees, a California appeals court spared the nation’s two largest rideshare...more

Fisher Phillips

Battle Lines Drawn: Another Appeals Court Rules That Drivers Can Escape Arbitration, Furthering National Split For Gig Economy...

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Gig economy companies received bad news yesterday when yet another federal appeals court ruled that delivery drivers – even independent contractors – can escape otherwise valid arbitration agreements. This is now the third...more

McAfee & Taft

Tenth Circuit holds FLSA applies to marijuana industry employees

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Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Littler

The ABC Test: California States and Localities Support Plaintiffs’ Appeal, Signal Aggressive Enforcement

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The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated.  A series of court filings last week suggests that state and local officials may be gearing up to...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Fisher Phillips

Cannabis Employers Can’t Escape Wage Claims, Says Court

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• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

Littler

Dynamex Retroactivity Question Sent to California State Court

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On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

Littler on

A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

Holland & Knight LLP

Ninth Circuit: Dynamex "ABC" Test Unquestionably Applies Retroactively

Holland & Knight LLP on

A panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez et al. v. Jan-Pro Franchising Int'l., Inc., No. 17-16096 (Jan-Pro) on May 2, 2019, holding that the recently adopted, three-pronged...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Sacré Bleu! French Court of Appeals Rules that Uber Driver Had an“Employment Contract”

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Last week, the French Court of Appeals dealt another blow to global gig businesses, ruling that the agreement between Uber and a former driver was “an employment contract,” because the former driver was “dependent” on Uber...more

Fisher Phillips

Next Shot Fired: We’ve Read Grubhub’s 71-Page Appellate Response Brief So You Don’t Have To

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The next shot has been fired in the long-running misclassification dispute between plaintiff Raef Lawson and gig economy giant Grubhub, as the company filed its Answering Brief with the 9th Circuit Court of Appeals late...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

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It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more

Troutman Pepper Locke

August 2018 Independent Contractor Misclassification And Compliance News Update

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August 2018 was a busy month in the area of independent contractor misclassification and compliance including a number of new court filings and decisions, new regulatory initiatives, and new legislation. While none of these...more

Fisher Phillips

Another Gig Economy Misclassification Win Delivered In New York, This Time For Postmates

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Sure, there have been some high-profile legal setbacks for gig economy businesses in the area of misclassification lately; the Dynamex case was a punch in the gut for California businesses, and the Pimlico Plumbers case is a...more

Fisher Phillips

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

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Late Friday afternoon, the attorneys for the worker who came out on the losing end of the Grubhub misclassification trial asked the appeals court to return the case to the lower court for a new hearing. Their reasoning? Last...more

Fisher Phillips

You Win Some, You Lose Some: A Review Of Some Recent Misclassification Decisions

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At the forefront of mind of every gig economy company is the troublesome question of whether its workers are properly classified as independent contractors. Just search our blog for cases involving “misclassification” and...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

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