Archive for the ‘MISCLASSIFICATION’ Category

Apr
2016
25

Latest $100M Uber Settlement Still a Loss for Workers in Employee Misclassification Battle

Latest $100M Uber Settlement Still a Loss for Workers in Employee Misclassification Battle
  Uber has reached a settlement which will result in 385,000 Massachusetts and California drivers receiving $100 million.  Though the monetary compensation will apply only to drivers in those two states, it will also spur major policy changes that will apply to Uber drivers nationwide.  The settlement must still be approved by a judge. On...
Apr
2016
22

Historic NLRB Complaint Could Be First Step Toward Making Employee Misclassification a Crime

Historic NLRB Complaint Could Be First Step Toward Making Employee Misclassification a Crime
  The National Labor Relations Board (NLRB) has issued a historic complaint on behalf of port truckers working as independent contractors for Intermodal Bridge Transport (IBT).  The complaint, issued by Region 21 of the NLRB, claims that managers and supervisors for IBT made illegal threats against drivers they viewed as pro-union. It could...
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Apr
2016
11

Misclassification and the “1099 Economy” Create Angry Voters, Shift Social Safety Net Burden

Misclassification and the
  With Tax Day rapidly approaching, the time is now to confront the harsh drawbacks of the “on-demand economy,” or as David Dayen labels it in The New Republic, “the 1099 economy.” Dayen describes how financial uncertainties have created a wave of angry voters and how none of the presidential candidates are focused on...
Feb
2016
24

Canadian Couple Lands $125,000 Reward in Precedent-Setting Misclassification Case

Canadian Couple Lands $125,000 Reward in Precedent-Setting Misclassification Case
  A married Canadian couple who worked for Canac Kitchens were let go without notice or severance in 2009 after 30 years at the company.  This was permissible because since 1987 they had been classified as independent contractors.   But legal vindication was pursued, and now a new precedent has been set in Ontario. The [&hellip...
Jan
2016
29

Lyft Settles Lawsuit for $12M, Granting New Rights; Drivers Will Remain Independent Contractors

Lyft Settles Lawsuit for $12M, Granting New Rights; Drivers Will Remain Independent Contractors
  An employee misclassification lawsuit against the ride-hailing company Lyft has been settled, with the company agreeing to pay $12.25 million and make major changes to its policies.  Still, the settlement will not result in Lyft drivers being reclassified as employees as they had wished. Instead, their employment with the company will now...
Jan
2016
15

Twice Now: Second Class Action Filed Against Amazon Over Prime Driver Misclassification

Twice Now: Second Class Action Filed Against Amazon Over Prime Driver Misclassification
  A group of workers in Arizona claim that they are being misclassified as independent contractors by Amazon Prime Now, and therefore are also victims of wage theft.  The class action lawsuit filed notes that although the workers were hired through a third party, Courier Logistics Service, they are effectively Amazon employees and should be...
Jan
2016
7

Real Newspaper: NFL Cheerleaders Don’t Need Employee Status Because They Know Rich Players

Real Newspaper: NFL Cheerleaders Don't Need Employee Status Because They Know Rich Players
  The editorial board of the Orange County Register decided to kick off 2016 by going full 1916. How did a paper of record turn the clocks back so? By questioning the motives of professional cheerleaders who are seeking employee (rather than independent contractor) status. The Register suggests that “they receive the fringe benefits of...
Jan
2016
4

L.A. Port Truckers Win $7M Settlement for Being Misclassified as Independent Contractors

L.A. Port Truckers Win $7M Settlement for Being Misclassified as Independent Contractors
  The California Labor Commission has ordered Pacific 9 Transportation to pay 37 port drivers a total of nearly $7 million in back wages after they were misclassified as independent contractors instead of employees.  Earlier this month, 38 drivers made claims to the Labor Commission that they had been misclassified. Last week, it was...
Dec
2015
22

NC Gov Issues Surprise Misclassification EO; Onlookers Want Stronger Protections Still

NC Gov Issues Surprise Misclassification EO; Onlookers Want Stronger Protections Still
  North Carolina Governor Pat McCrory has signed an executive order that directs the state Industrial Commission to establish an investigative unit for claims of employee misclassification. It will direct the unit to coordinate with other state agencies in order to enforce existing laws related to the abuse of independent contractor status. ...
Nov
2015
3

NLRB: Tucson Cabbies are Employees; Precedent Strengthens for Fighting On-Demand Misclassification

NLRB: Tucson Cabbies are Employees; Precedent Strengthens for Fighting On-Demand Misclassification
  As drivers for “on-demand economy” companies, such as Uber and Lyft, continuously fight their status as independent contractors, another National Labor Relations Board (NLRB) ruling has emerged that may help their cause.  Using the FedEx Home Delivery case as guidance, a regional NLRB director found that over 200 drivers employed...
Nov
2015
3

Week-long Teamsters strike, 27K Signatures Result in Misclassification Resolution at SoCal Ports

Week-long Teamsters strike, 27K Signatures Result in Misclassification Resolution at SoCal Ports
  In the span of one week, the labor actions taken by drayage truckers at the Ports of Los Angeles and Long Beach went from 20 people on a picket line to a march on City Hall where drivers delivered 27,000 signatures to Mayor Eric Garcetti. They gained the support of the city council, which [&hellip...
Oct
2015
21

Grand Jury Finds PA Contractor Guilty of $900,000 Misclassification Scam

  In Bethlehem, PA a grand jury found that Salukas & White Contracting Inc. funneled nearly $900,000 to two subcontractors who acted “as ATM machines” in a a scheme to pay workers off the books and defraud the Commonwealth of Pennsylvania.  The grand jury looked into the practices of the company and one of its [&hellip...