There is, as we all know, an insane amount of litigation on independent contractor issues. These controversies can emanate from any industry and there is no business that is immune to these allegations. Case in point. A judge in New York State has just granted class certification to a class of cheerleaders for the
Independent Contractor
Ho, Hum: The Number of Wage Suits Rises Again.
By Mark Tabakman on
Guess what? Wage suits are increasing. Hardly a surprise. A recent study shows that wage-hour lawsuits were up about 8 percent over last year, which may stem (in part) from the recent USDOL initiatives on revising the FLSA exemption regulations and its “white paper” on independent contractor issues. There is also the problem with applying…
USDOL Hit for Attorney Fees by Fifth Circuit for Improper Litigation Tactics
By Mark Tabakman on
Posted in Independent Contractor
I recently read a posting by Julie Badel on the Wage & Hour Defense Blog and felt so moved that I am compelled to comment on it. She wrote about a Fifth Circuit case in which the USDOL was sanctioned because “the government here chose to defend the indefensible in an indefensible manner.” The employer…
Goin’ Hollywood: Independent Contractor Lawsuit Targets Freelance Producers
By Mark Tabakman on
Posted in Class Actions, Independent Contractor
No industry or business is immune from the threat of a FLSA class action. Proof of this premise is found in the certification of a class of dozens of freelance content producers who allege that the parent entity of the Hollywood Reporter denied them overtime by misclassifying the workers as independent contractors. The primary allegation…
Another Uber Independent Contractor Class Action—Reaching Critical Mass?
By Mark Tabakman on
Posted in Independent Contractor
I posted recently about a lawsuit involving Uber and independent contractors. Well, it’s happened again. The company was hit with a proposed class action suit in Pennsylvania state court with a central allegation being the drivers’ claim that they were misclassified as independent contractors. The case is entitled DiNofa v. Uber Technologies Inc. et …
USDOL Proposes New Independent Contractor Regulations: Another Bright Line
By Mark Tabakman on
Posted in Independent Contractor
I have defended and litigated dozens of independent contractor cases and have found these matters to be intensely fact sensitive and tilted, in large part, towards a finding of employee status by both the agencies and the courts. I had also noted in a recent post that the US Department of Labor would be issuing…
A Bumpy Ride: Uber Driver Ruled Employee, Not Independent Contractor
By Mark Tabakman on
Posted in Independent Contractor
The Uber phenomenon has been catching fire over the last few years with many people jumping on it as a means to make a living or extra money. I have some friends who have signed up to be Uber drivers, just as a means to make some extra money. I always thought these people to…
USDOL To Issue Official Independent Contractor Guidance in Administrator Interpretation
By Mark Tabakman on
Posted in Independent Contractor
I have recently blogged about new exemption regulations being proposed. Well, that is not the only regulatory initiative coming down the pike. The USDOL is about to release guidance on the very confusing and thorny issue of when an individual is an independent contractor. The agency will be issuing another of its “famous” white papers…
NFL Cheerleaders To Be Deemed “Employees” And Protected Under Proposed Law
By Mark Tabakman on
Posted in Independent Contractor, Working Time
With the NFL draft just completed (and my Giants taking a much needed offensive lineman) it is ironic that a law focusing on wage hour rights of NFL team cheerleaders is headed towards possible passage in California. I have often blogged about independent contractor cases and cases involving claims for off-the-clock work. The circumstances that…
Do Lower Gasoline Prices Signal A New Wave Of FLSA Actions In The Energy Industry?
By Mark Tabakman on
Posted in FLSA Retaliation, Independent Contractor
We are all happy with the falling gasoline prices we have experienced, but, as lawyers, we (seemingly) always look for the dark spot in the sky. Some commentators are positing that the sharp drop in oil prices may trigger an increase in Fair Labor Standards Act suits against employers in the energy sector, as involuntarily…