Archive for the ‘MISCLASSIFICATION’ Category

Mar
2015
27

NLRB Ruling Against FedEx Home Maintained Upon Review; Employees Were Misclassified

NLRB Ruling Against FedEx Home Maintained Upon Review; Employees Were Misclassified
  Last week, the National Labor Relations Board (NLRB) ruled against reconsidering its September decision that a group of Connecticut drivers were employees of FedEx Home Delivery and thus subject to the rules of the National Labor Relations Act (NLRA). FedEx argued that they were independent contractors.  The original ruling created a...
Mar
2015
16

U.S. District Court Denies Summary Judgements in Uber, Lyft Misclassification Cases

U.S. District Court Denies Summary Judgements in Uber, Lyft Misclassification Cases
  Last week, federal judges heard class action lawsuits against Lyft and Uber that were brought forward by drivers who claim they are being misclassified as independent contractors.  The cases were heard in the U.S. District Court for the Northern District of California.  In both cases, the companies filed motions seeking summary judgement...
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Mar
2015
11

With Blessing of GOP Gov, NC Republican Introduces Bill to Fight Misclassification

With Blessing of GOP Gov, NC Republican Introduces Bill to Fight Misclassification
  In North Carolina, Wake County Republican Gary Pendleton is introducing a bill that would force heating and plumbing companies to properly classify their employees.  Pendleton’s bill would define misclassification and submit companies that misclassify to fines of $1,000 per affected worker and possible loss of license.  The move comes...
Mar
2015
10

New OSHA Report Exposes the Glaring Insufficiency of Our Workers’ Compensation System

New OSHA Report Exposes the Glaring Insufficiency of Our Workers' Compensation System
  A new report from the Occupational Safety and Health Administration (OSHA), Adding Inequality to Injury: The Costs of Failing to Protect Workers on the Job, places partial blame for the growing problem of income inequality on a faulty workers’ compensation system.  According to the Department of Labor (DOL), roughly 4 million serious...
Mar
2015
5

Georgia Passes Bipartisan Anti-Misclassification Bill Following Powerful Teamster Testimony

Georgia Passes Bipartisan Anti-Misclassification Bill Following Powerful Teamster Testimony
  A bill has passed through the Georgia House Labor and Industry subcommittee which aims to combat employee misclassification by strengthening two existing practices and writing them into law.  HB 500, introduced by State Rep. Ronnie Mabra, directs Georgia’s Department of Labor to create a website for workers to report instances of...
Feb
2015
12

The Rigged Apple: Task Force Finds 133,000 New York Workers Were Misclassified in 2014

The Rigged Apple: Task Force Finds 133,000 New York Workers Were Misclassified in 2014
  In its...
Feb
2015
11

Following Misclassification Victory, Port of L.A. and Long Beach Teamsters Land Contract

Following Misclassification Victory, Port of L.A. and Long Beach Teamsters Land Contract
  One month after becoming properly classified as employees by their company, Shippers Transport Express (STE) truck drivers at the Port of Los Angeles and Long Beach have ratified their first contract.  Three days of collective bargaining led to a contract over the weekend. The one-year contract will cover all full- and part-time STE...
Feb
2015
4

Judge Orders Pacer Cartage to Pay 7 Misclassified Truckers $2M; Teamsters Were Key Supporters

Judge Orders Pacer Cartage to Pay 7 Misclassified Truckers $2M; Teamsters Were Key Supporters
  After a two-year legal battle, a California Superior Court judge has ruled that seven Port of Los Angeles truckers are in fact employees, not independent contractors, and are owed more than $2 million in damages.  The affected drivers were part of five strikes against their companies.  The legal victory is a major win for [&hellip...
Jan
2015
27

New Report Makes Negative Impact of Misclassification on TX Economy Crystal Clear(er)

  The Texas Legislature has released a bipartisan report on employee misclassification which argues that “companies that pretend their employees are independent subcontractors are undermining free markets and encouraging illegal immigration, among other serious problems.”  The report comes after a nearly year-long investigation by the...
Jan
2015
21

Wisconsin Becomes 20th State to Sign DOL’s Employee Misclassification Memorandum

  The U.S. Department of Labor has announced its signing of a memorandum of understanding (MOU) with the Wisconsin Department of Workforce Department, the latest in a string of such deals aimed at preventing the misclassification of employees as independent contractors.  The MOU allows both agencies to better share information and coordinate...
Jan
2015
20

$6M Lowe’s Settlement In Textbook Case of Systemic Employee Misclassification

$6M Lowe's Settlement In Textbook Case of Systemic Employee Misclassification
  A federal judge in California has approved a settlement between Lowe’s Home Centers and a class of its home improvement contractors who claimed they were misclassified as independent contractors. The maximum settlement amount in Shepard v. Lowe’s HIW is $6,500,000, depending on the number of contractors who file claims.  Lowe’s will...
Jan
2015
16

Employee Misclassification Crackdown Expands Further South with Signing of Florida MOU

  Florida has become the 19th state to sign a memorandum of understanding (MOU) with the Department of Labor (DOL) aimed at fighting the misclassification of employees as independent contractors.  The partnership was announced Monday by the Administrator of the Wage and Hour Division, David Weil. In a statement following the announcement,...