Independent Contractor Compliance

IC roundup: Supreme Court urged not to review AB 5 case; DOL pursues new final rule

|June 8th, 2022|

The US Solicitor General advised SCOTUS that it need not review a case against California’s AB 5 law; the Department of Labor will hold public forums to hear perspectives on worker classification.
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Instacart loses arbitration bid in IC misclassification case

|May 25th, 2022|

In its misclassification case against the grocery delivery app, San Diego does not “stand in the shoes” of workers and thus is not bound to their arbitration agreement, an appeals court ruled. San Diego asserts unfair competitive advantage.
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DOL appeals reinstatement of Trump-era IC rule

|May 18th, 2022|

The US Department of Labor is appealing a Texas federal judge’s order blocking the withdrawal of a Trump-era rule that makes it easier for businesses to classify workers as independent contractors.
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Walmart lands rare IC misclassification victory

|May 11th, 2022|

US Court of Appeals ruled Walmart was acting in good faith when it treated a worker as an IC, sparing the retail giant from California pay penalties.
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Matco to pay $15.8 million in IC misclassification settlement

|May 4th, 2022|

A US district judge granted final approval to a $15.8 million settlement in an independent contractor misclassification case involving distributors for Matco Tools Corp.
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Australia: Contracts, not behavior, determine worker classification

|May 4th, 2022|

Australia’s High Court rules contract terms prevail over a “multifactorial” test to determine independent contractor versus employee status.
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Can independent contractors strike and unionize?

|April 13th, 2022|

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.
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IC roundup: Misclassification and the NLRB; franchises and the ABC test

|April 6th, 2022|

The National Labor Relations Board reexamines independent contractor misclassification; Massachusetts’ ABC IC test applies to franchise relationships.
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New Jersey DOL sends Lyft IC misclassification case to judge

|March 23rd, 2022|

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.
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Judge reinstates Trump-era independent contractor rule

|March 16th, 2022|

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.
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