Archive for the ‘MISCLASSIFICATION’ Category

Nov
2014
17

NH Joins National Misclassification Crackdown; GA, Others Sit Out with Mixed Results

NH Joins National Misclassification Crackdown; GA, Others Sit Out with Mixed Results
  The New Hampshire Department of Labor has announced a Memorandum of Understanding (MOU) with the U.S. Department of Labor, which aims to crack down on the misclassification of employees as independent contractors.  The agreement will allow the two parties to share information and coordinate law enforcement.  Misclassification hurts both...
Nov
2014
12

Kansas Supreme Court Becomes Latest Legal Body to Slam Fedex’s Misclassification Practices

Kansas Supreme Court Becomes Latest Legal Body to Slam Fedex's Misclassification Practices
  The Supreme Court of Kansas has ruled that workers classified as independent contractors by FedEx Ground were in fact employees entitled to the labor protections.  The case, Craig v. FedEx Ground Package Sys. Inc., used two separate tests to determine the legitimacy of the company’s claims that it was hiring independent...
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Oct
2014
29

Nearly $2 Million in Back Pay Coming to Misclassified Solar Workers in Nevada

Nearly $2 Million in Back Pay Coming to Misclassified Solar Workers in Nevada
  The U.S. Department of Labor (DOL) has announced that 147 workers hired by contractors to perform work on a federally funded solar power project in the Nevada desert will receive nearly $2 million in back pay.  The workers were subcontracted through a Henderson-based firm, Proimtu Mmi-Nv LLC, to provide construction services at the...
Oct
2014
17

Wrongfully Fired L.A. Port Truckers Reinstated by Judge; Misclassification Case Heads to NLRB

Wrongfully Fired L.A. Port Truckers Reinstated by Judge; Misclassification Case Heads to NLRB
  On Tuesday, a federal judge reinstated two Green Fleet Systems port truck drivers who argued they were illegally fired during a labor dispute with the company.  Green Fleet and several other port trucking companies have been the targets of protests and actions by drivers, many at the port of Los Angeles, who feel they [&hellip...
Oct
2014
3

After Their Sweeping Exposé on Misclassification, McClatchy’s Flagship Paper Caught with 5,000 Illegal Independent Contractors

After Their Sweeping Exposé on Misclassification, McClatchy’s Flagship Paper Caught with 5,000 Illegal Independent Contractors
  Just a month after McClatchy published an important series of articles about the harm done by employee misclassification, their flagship newspaper has been found to have misclassified its carriers as independent contractors.  Judge Gerrit Wood ruled that the Sacramento Bee misclassified 5,000 of its carriers.  The ruling in the case is...
Oct
2014
1

FedEx’s Culture of Misclassification Dealt Yet Another Blow, This Time By U.S. Court of Appeals

FedEx's Culture of Misclassification Dealt Yet Another Blow, This Time By U.S. Court of Appeals
  A federal court has ruled that misclassified employees can recover monetary damages under state laws based on the value of the Employee Retirement Income Security Act (ERISA) benefits that the defendant failed to provide to them.  The decision in Gray v. FedEx Ground Package System highlights the limits of ERISA’s preemption clause.  In...
Sep
2014
17

Texas Tops List of States Receiving New DOL Grant Money to Fight Misclassification

Texas Tops List of States Receiving New DOL Grant Money to Fight Misclassification
  The U.S. Department of Labor has announced $10 million in grants to 19 states to help them expand the crack down on employers who cheat state Unemployment Insurance (UI) systems by misclassifying employees as independent contractors.  The initiative is part of the department’s broader addressing of misclassification, which has worsened...
Sep
2014
15

Fair-weather Friend: Exposé Springs Previously Uninterested NC Gov Into Action on Misclassification

Fair-weather Friend: Exposé Springs Previously Uninterested NC Gov Into Action on Misclassification
  Rampant employee misclassification has finally become a hot-button topic nationwide following a sweeping set of stories from McClatchy. The series, “Contract to Cheat,” focuses on the abuse of independent contractor employment status in several states around the U.S. In North Carolina, the Charlotte News and Observer details the...
Sep
2014
11

Strikes, Suits, and Wrongful Firings: Port Trucking’s Wonderful World of Endless Tension

Strikes, Suits, and Wrongful Firings: Port Trucking's Wonderful World of Endless Tension
  Last week, thirty-three port truck drivers were fired by Total Transportation Services Inc. (TTSI) for not withdrawing wage and hour claims made with the California Division of Labor Standards Enforcement (DLSE).  Four of the fired drivers had just been awarded an average $68,211 in back wages after the DLSE found that they were...
Sep
2014
5

TJ Maxx Misclassified Managers Lawsuit May Only Be the Beginning for Busting Big Retailers

TJ Maxx Misclassified Managers Lawsuit May Only Be the Beginning for Busting Big Retailers
  TJX, the parent company of discount retailer TJ Maxx, is currently facing a lawsuit from their assistant managers who claim they were misclassified in violation of the Fair Labor Standards Act (FLSA).  Under the FLSA, workers are required to be paid the minimum wage and time-and-a-half for all hours worked over 40 per week [&hellip...
Sep
2014
4

From the Shadows: 1 in 6 California Construction Workers are Undocumented or Misclassified

From the Shadows: 1 in 6 California Construction Workers are Undocumented or Misclassified
  A new report from the Economic Roundtable, “Sinking  Underground: The Growing Informal Economy in California Construction,” shows that one in six construction workers in California are either misclassified or working completely off the books.  For a state whose construction industry is worth $152 billion and employs 895,000 workers,...
Sep
2014
4

Collecticut: $6.5M in Back Wages Recovered Over Past Year in CT, but Much Work Remains

Collecticut: $6.5M in Back Wages Recovered Over Past Year in CT, but Much Work Remains
  Over the past year, the Connecticut Department of Labor’s Wage and Workplace Standards Division recovered $6.5 million in back pay for workers.  While the organization has stepped up its efforts since the recession, the amount collected represents only a percentage of the wage theft that occurs in the Constitution State, according to the...