Australia: Contracts, not behavior, determine worker classification
Australia’s High Court rules contract terms prevail over a “multifactorial” test to determine independent contractor versus employee status.
Can independent contractors strike and unionize?
An appeals court ruled ICs colluding to drive price increases was a valid labor dispute rather than antitrust activity. An attorney with BakerHostetler explains what the future likely holds for that ruling in an Employment Law Spotlight blog post.
IC roundup: Misclassification and the NLRB; franchises and the ABC test
The National Labor Relations Board reexamines independent contractor misclassification; Massachusetts’ ABC IC test applies to franchise relationships.
New Jersey DOL sends Lyft IC misclassification case to judge
The New Jersey Department of Labor and Workforce Development asked an administrative law judge to confirm the department's assessment that Lyft owes $16 million following a worker classification audit.
Judge reinstates Trump-era independent contractor rule
A federal judge reinstated a Trump-era rule that made it easier for businesses to classify workers as independent contractors, Bloomberg law reported. The rule, issued by the Trump administration in January 2021, was withdrawn by the Biden administration.
Misclassification: Pennsylvania calculates costs, lawmaker promises action
A joint task force said Pennsylvanians lose hundreds of millions annually due to misclassification of workers as independent contractors and recommended the state adopt the ABC test for classification, among other actions.
DOL, DOJ strengthen partnership to protect workers
The US Departments of Labor and Justice signed a memorandum of understanding to strengthen their partnership to protect workers from anticompetitive conduct, including through collusive behavior and misclassification of employees.
Joint employment tests: Two courts weigh in
Two recent court cases drew clear lines distinguishing between joint-employer and independent contractor classification analysis. Contingent workforce program managers will want to take note.
NLRB IC test analysis: Employees almost always win with Trump standard
The National Labor Relations Board’s independent contractor classification test established under the Trump administration resulted in a higher rate of employee wins than the broader standard set during the Obama administration, according to Bloomberg Law.
IC agreements prevail
Australia’s high court ruled clearly written independent contractor agreements in two cases precluded the need to delve further into the employment relationships, the National Law Review reports.
