Archive for the ‘MISCLASSIFICATION’ Category

Jul
2014
24

Mass. to Expand Its Already Powerful and Effective Wage and Misclassification Task Force

Mass. to Expand Its Already Powerful and Effective Wage and Misclassification Task Force
  Six years after Massachusetts Gov. Deval Patrick created the Joint Task Force on the Underground Economy (JTF) via executive order, the highly successful program will become statute thanks to language in the state’s newly enacted minimum wage law.   Recent reports show that in 2013 alone the JTF recovered $15.6 million in back wages,...
Jul
2014
17

Virginia Is for Compliers: State Can Now More Easily Pursue Misclassification, Subcontracting Violators

  Virginia’s penalties for misclassifying workers in order to avoid paying insurance costs got a boost this month thanks to a new law.  The Virginia Workers Compensation Act made it easier for the state to take action against violators, according to Virginia Workplace Law: The civil penalty is now up to $250 per day for ...
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Jul
2014
17

Pair of NLRB Cases Could Land Temps, Low-Wage Workers the Protections They’ve Long Desired

Pair of NLRB Cases Could Land Temps, Low-Wage Workers the Protections They've Long Desired
  Two cases currently before the National Labor Relations Board (NLRB) will determine what it officially means to be an employer, and the ramifications for management in industries ranging from fast food to waste collection could be serious.   Given the complicated nature of modern American labor the two decisions seek to determine who...
Jul
2014
15

Massive Backpay Settlement for Pair of New York Insulators Who Worked School Projects

  New York based National Insulation will have to cough up $435,000 to two employees who performed work contracted through the Department of Education after several wage and hour fines were discovered. Francisco Ayala and Angel Ribadeneira performed insulation work on various projects in New York City schools between December of 2006 and...
Jul
2014
9

Uber Hit With Misclassification Lawsuit in MA, Rallying Cry for Driver Protections Amplifies

Uber Hit With Misclassification Lawsuit in MA, Rallying Cry for Driver Protections Amplifies
  Uber Technologies Inc., the wildly popular new alternative taxi service, will be facing a lawsuit in Massachusetts where some of it’s “partners” (the term the company uses to describe its drivers) believe they are being misclassified as independent contractors.  The San Francisco-based company, which claims to generate “20,000 new...
Jul
2014
7

Port Truckers in CA Strike “Indefinitely” Over Misclassification, Right to Unionize

Port Truckers in CA Strike
  MSNBC reports that California truck drivers for three major transportation companies went on strike Monday morning to protest labor law violations.  Over 120 drivers are taking action at the ports of Los Angeles and Long Beach, two of the West Coast’s largest supply points which handle roughly 40 percent of the nation’s imports.   ...
Jul
2014
3

Workers Win Pair of Misclassification Lawsuits at Big California Newspapers

  The former owner of the San Diego Union-Tribune will pay $5 million to over 1,200 carriers who worked at the company between 2005 and 2007 after a state judge ruled they had been misclassified as independent contractors.  The workers are eligible to be reimbursed for expenses they had previously been on the hook for, ...
Jun
2014
30

Spy vs. Sp…Trucker? Teamsters Allege Green Fleet Planted Anti-Union Workers Who Made Death Threats

  A case to be heard by the National Labor Relations Board (NLRB) on August 25th revolves around California trucking company Green Fleet Systems who the Teamsters union claims has used threats, coercion, and the termination of two employees to squash unionization efforts among misclassified independent contractors.  Green Fleet Systems is...
Jun
2014
30

FedEx Settles Million-Dollar Misclassification Case, a Dozen Similar Suits Pending Nationwide

FedEx Settles Million-Dollar Misclassification Case, a Dozen Similar Suits Pending Nationwide
  In a settlement of a federal court lawsuit in Maine, FedEx Ground has agreed to pay $5.8 million in back pay and legal fees to 141 drivers it misclassified as independent contractors.  The lawsuit claimed that FedEx denied overtime pay and made improper deductions in addition to requiring drivers to pay for their expenses. ...
Jun
2014
20

Misclassification Settlement Costs Colorado Co. $2,000,0000

  A federal judge in Colorado has approved a settlement in which oil and gas well maintenance company J&A Services will pay nearly $2 million to workers it misclassified as independent contractors.  On average, each worker will receive $16,000 in back wages.  A summary of the case comes from Sarah Wisor: Two flow testers sued ...
May
2014
20

Misclassification of Out-of-State Workers Lands NH Company in Hot Water With Mass. AG

Misclassification of Out-of-State Workers Lands NH Company in Hot Water With Mass. AG
  Universal Drywall, LLC and its owner Richard Pelletier have been sued by the office of Massachusetts Attorney General Martha Coakley for allegedly misclassifying their employees as independent contractors.  Filed in the Suffolk Superior Court, the lawsuit alleges the company violated the Massachusetts Consumer Protection Act and the...
May
2014
19

Pennsylvania’s 2011 Employee Misclassification Law Hasn’t Resulted in a Single Prosecution

  Awareness about employee misclassification is growing and with it new laws have been enacted. But enacting a law and enforcing one are two different things, as evidence by the apparent ineffectiveness of Pennsylvania effort to combat the workers’ rights issue.   Act 72, which set standards for who can and cannot be labeled an ...