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ABC Test Corporate Counsel Employer Liability Issues

Locke Lord LLP

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

Locke Lord LLP

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

Locke Lord LLP

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

Locke Lord LLP

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

Locke Lord LLP

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

McCarter & English, LLP

New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the...more

Locke Lord LLP

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

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Locke Lord LLP

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

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

Locke Lord LLP

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

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

Locke Lord LLP

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

Littler

California Imposes New Compliance Obligations on Employers

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The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year.  The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...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

Locke Lord LLP

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

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

Locke Lord LLP

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

Locke Lord LLP

February 2020 Independent Contractor Misclassification and Compliance Law News Update 

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This past month was the first month we can recall where there were no legal developments of note involving class action independent contractor misclassification lawsuits, which have become increasingly prevalent. Instead,...more

Littler

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

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Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

Fisher Phillips

Judge Forces Instacart To Reclassify Workers As Employees – But Not This Instant

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Gig economy company Instacart lost the latest round of its misclassification battle in San Diego Monday, as a California state court judge granted a preliminary injunction forcing it to reclassify its independent contractor...more

MoFo Employment Law Commentary (ELC)

Employment Law Trends To Watch In 2020

Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new...more

Locke Lord LLP

January 2020 Independent Contractor Misclassification and Compliance Law News Update 

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While selected states are in the midst of trying to crack down on independent contractor misclassification, the federal government is trying to clear a path and clarify the tests for independent contractor status under...more

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