Wage & Hour Litigation Blog

Category Archives: Independent Contractors

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DOL Independent Contractor Guidance Targets “On-Demand” Companies

Posted in Independent Contractors

Co-authored by Robert S. Whitman and Adam J. Smiley

Last week, this blog reported on the guidance from the Department of Labor (DOL) regarding the classification of independent contractors under the FLSA. The 15-page Administrator’s Interpretation (AI) seeks to restrict the use of independent contractors by reading the FLSA’s definition of “employ” as broadly as possible and by tightening the … Continue Reading

DOL Issues Guidance On Independent Contractor Classification Interpreting FLSA Broadly to Cover Most Workers as Employees

Posted in Independent Contractors

Co-authored by Richard Alfred, Alex Passantino, Patrick Bannon, and Adam Smiley

Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued its first Administrator’s Interpretation (AI) on the Fair Labor Standards Act (FLSA) in more than a year. As the Administrator, Dr. David Weil, had forecast in a speech last month, today’s AI discusses the … Continue Reading

“On-Demand” Litigation Heats Up This Summer

Posted in Independent Contractors

Co-authored by Robert S. Whitman and Adam J. Smiley

This blog recently reported on the first wave of lawsuits challenging the classification of independent contractors in the “on-demand” economy. The second wave has now arrived, as numerous tech companies have been hit with class or collective action lawsuits alleging misclassification of their workers, most filed by the same plaintiffs’ attorney … Continue Reading

Agents Can’t Insure Class Treatment – Varied Experiences Require Decertification

Posted in Independent Contractors, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Kara Goodwin

Last week, a federal district court decertified a Rule 23 class of more than 1,000 insurance agents who claimed that Bankers Life and Casualty Co. misclassified them as independent contractors, and, as a result, they were entitled $16.9 million in overtime damages under the Washington Minimum Wage Act. In decertifying the class, the court held that … Continue Reading

The Department of Labor Investigates Retailers’ Relationships with Janitors

Posted in DOL Enforcement, Independent Contractors

Co-authored by Lynn Kappelman, Timothy Haley, and Karla E. Sanchez

Recently, we learned that the Department of Labor’s Wage & Hour Division has launched a sweeping FLSA compliance review focused on major retailers who employ janitorial workers. As part of that initiative, WHD has visited multiple retailer locations and has interviewed location management and janitorial employees. WHD has … Continue Reading

Employee or Independent Contractor? In New Jersey, It’s as Easy as “ABC”

Posted in Independent Contractors

Co-authored by Robert S. Whitman and Robert T. Szyba

New Jersey employers now have an answer to a question that had previously been mired in uncertainty:  What test is used to determine whether an individual is an employee or an independent contractor under state wage and hour laws?

In Hargrove v. Sleepy’s, LLC, the New Jersey Supreme Court, answering … Continue Reading

ContractorGate: Court Awards Employer Over $550,000 In Attorney’s Fees And Costs Based On DOL’s Unreasonable Litigation Position

Posted in DOL Enforcement, Independent Contractors, Misclassification/Exemptions

Co-authored by Julie G. Yap and Rachel M. Hoffer

This week, the United States District Court for the Southern District of Texas ordered the Department of Labor to fork over $565,527.61 in attorneys’ fees and costs to a Texas employer.  Why such a hefty fee award?  The DOL’s position that the employer misclassified gate attendants as independent contractors was not … Continue Reading

Let’s Play Two: California Supreme Court Hears Oral Argument in Two Important Class Action Cases

Posted in Arbitration Agreements, Independent Contractors, Rule 23 Certification

Authored by Jim Harris

The California Supreme Court heard oral argument in two important cases involving employment-related class actions.  From the tenor of and comments made at the argument, it appears likely that the ultimate results will be a mixed bag for employers.

The first case, Iskanian v. CLS Transportation of Los Angeles, LLC, which we reported on late last … Continue Reading