News & Analysis as of

Class Action Misclassification Employer Liability Issues

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

Locke Lord LLP

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Locke Lord LLP on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

Ervin Cohen & Jessup LLP

Uber Drivers Cannot Bring Class Action for Employment Claims

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...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

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Locke Lord LLP

Agribusinesses Now Being Targeted for Independent Contractor Misclassification Class ‎Actions: July and August 2022 IC Legal News...

Locke Lord LLP on

We highlight below the independent contractor misclassification and compliance developments that occurred in July and August 2022, but three deserve special mention. One of the most important judicial developments is a new...more

Amundsen Davis LLC

Contractual Choice of Law Provision Can’t Shield Employer From State Wage and Hour Class Action

Amundsen Davis LLC on

The Seventh Circuit Court of Appeals ruled last week that a contractual choice of law provision was irrelevant to whether workers were employees or independent contractors and to whether pay deductions were lawful....more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler on

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

BakerHostetler

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

BakerHostetler on

For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Class Certification and Misclassification

This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more

Locke Lord LLP

Home Health Care, Franchise, and Food Industries Under Attack: April 2022 IC Legal News Update

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Three industries suffered setbacks last month in independent contractor misclassification cases, while another targeted industry targeted scored a success. As we have reported in many prior blog posts, class action lawyers...more

Locke Lord LLP

Arbitration Clauses May Not Work in All States if Not Well Drafted: March 2022 IC Legal News Update

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A decision by a federal court in New Jersey last month is a reminder to companies that arbitration clauses need to be drafted well in order to succeed. New Jersey courts for many years have been perhaps the most finicky in...more

Fisher Phillips

Snapshot on Manufacturing Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. OSHA Penalties...more

Fisher Phillips

Top 10 Wage and Hour Trends for 2022 – and What Employers Should Do to Prepare

Fisher Phillips on

We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...more

Locke Lord LLP

Courts Unlikely to Accept a New NLRB Independent Contractor Test

Locke Lord LLP on

Earlier this week, the National Labor Relations Board issued an Order inviting the public to file briefs in a case involving the independent contractor status of workers providing makeup and hairstyle services to the Atlanta...more

Locke Lord LLP

Pharmacy Deliveries Remain Target for Independent Contractor Misclassification Claims: October 2021 News Update

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October was a relatively “slow” month for legal developments in the areas of independent contractor misclassification and compliance. But for companies that engage drivers to distribute pharmaceutical products, a nearly $12...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

Employers Gain Defense Against Unmanageable PAGA Claims

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In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Manatt, Phelps & Phillips, LLP

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more

Locke Lord LLP

Direct Selling and Door-to-Door Sales Under Attack: May 2021 IC News Update

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Direct sellers and door-to-door salespersons are frequently classified as independent contractors – and that classification is increasingly under attack, both by class action lawyers and the U.S. Department of Labor, as...more

CDF Labor Law LLP

Independent Contractors Denied Class Action Status Under the Dynamex ABC Test

CDF Labor Law LLP on

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

Holland & Knight LLP

Fifth Circuit Shakes Up Standard for Certifying FLSA Collective Actions

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The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more

Proskauer - California Employment Law

Amount In Controversy Satisfied CAFA Minimum

Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) - Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging that he and...more

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