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Channel: Richard Reibstein Esq., Author at Independent Contractor Compliance
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Is Your Company On The Independent Contractor Hit List?

On June 16, 2015, Forbes columnist and senior editor Daniel Fisher, who covers finance, the law, and how the two interact, posted on his column a guest post by Richard Reibstein, one of the...

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Seventh Circuit Adopts Kansas Supreme Court Decision that FedEx Ground...

Yesterday, as anticipated, the U.S. Court of Appeals for the Seventh Circuit adopted the decision of the Kansas Supreme Court that FedEx Ground drivers, as a matter of law, were employees and not...

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Misclassification of Independent Contractors: The Crackdown, Its Costs, and...

This article was published as a comprehensive three-part series in the Employment and Class Action sections of Law360 on July 7–9, 2015 as “The Costs of Worker Misclassification.” © Copyright 2015,...

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New, Different, Dramatic? The Labor Department’s New Guidance on Independent...

This article was posted as a Client Alert by Pepper Hamilton LLP on July 15, 2015 and is republished here. Earlier today, July 15, the Wage and Hour Administrator of the U.S. Department of Labor, Dr....

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Homejoy’s Shutdown, Due to Misclassification Lawsuits, Likely to Propel Tech...

Earlier today, Carmel DeAmicis of Re/code reported that Homejoy, the home cleaning start-up that uses independent contractors as their home cleaners, was closing down its operations due to four...

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July 2015 Independent Contractor Compliance and Misclassification News Update

This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the...

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Senate Democrats Re-Introduce the Payroll Fraud Prevention Act of 2015 Soon...

Shortly after Presidential candidate Hillary Clinton placed independent contractor misclassification in the national spotlight in mid-July 2015 when she prominently commented in a campaign speech upon...

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Even if Uber Loses Class Certification Motion Being Heard Today, All Is Not...

On August 6, 2015, Uber drivers in California sought preliminary approval of their motion for class certification in their independent contractor misclassification lawsuit. A hearing was scheduled in...

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Impact of NLRB’s Joint Employer Decision on Independent Contractors:...

Few independent contractor agreements we have reviewed, even those of Fortune 500 companies, are relatively free from clauses that undermine the IC relationship because such agreements typically...

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Why Did Uber Lose In Court Today? And How It Can Still Avoid Future...

Today was not a good day for Uber. It suffered its second setback from the federal district court judge hearing the independent contractor misclassification class action case brought by Uber drivers...

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August 2015 Independent Contractor Compliance and Misclassification News Update

August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new...

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Amazon.com Hit With Independent Contractor Misclassification Class Action...

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s...

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September/October 2015 Independent Contractor Compliance and...

Judicial and regulatory developments in the months of September and October 2015 vividly highlight the fact that many companies in the U.S., both large and small, continue to fail to structure,...

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Are Direct Selling Companies the Next Targets for Independent Contractor...

Recently, Mary Kay, Inc. was sued in New Jersey for allegedly misclassifying a class of direct sellers as independent contractors in violation of the New Jersey Wage Payment Law. While there are direct...

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November 2015 Independent Contractor Compliance and Misclassification News...

This month’s news update highlights the increased focus on class action IC misclassification lawsuits brought against transportation industry clients and ride-sharing companies like Uber.  The...

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Uber Suffers Setbacks #3 and #4 in Independent Contractor Misclassification...

Over the last nine months Uber has suffered one legal setback after another in the class action independent contractor class action lawsuit filed against it in federal court in San Francisco. Yesterday...

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December 2015 / January 2016 Independent Contractor Compliance and...

This Update covers the two-month period of December 2015 and January 2016. The headnote for this period is: don’t classify drivers as ICs unless you do it right! Eight of the nine cases reported below...

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Minimizing Independent Contractor Misclassification Risk: “Play it Safe” or...

Frances McMorris, who covers the transportation and hospitality industries for American City Business Journals (ACBJ), wrote an article on January 29 about the impact of the latest Uber lawsuit on...

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February 2016 Independent Contractor Compliance and Misclassification News...

In February 2016, two federal appellate courts ruled in favor of companies in IC misclassification cases: one where the NLRB was reversed in a decision where the agency had found stagehands to be...

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Opposition to Lyft’s $12.25 Million Independent Contractor Misclassification...

Papers were filed in court today formally opposing the deal that Lyft agreed to with the lawyers representing over 100,000 Lyft drivers in their class action brought in the federal court in San...

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