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Independent Contractors

Uber Hit With $650M in Employment Taxes in NJ

Uber claims that its drivers are independent contractors.  New Jersey, on the other hand, says that they are employees.  What’s the difference?  At least $650 million in unpaid unemployment and state disability taxes, according to New Jersey. This tax bill should remind you that there are serious penalties for misclassifying employees as independent contractors.  In […]

Surgeon Is Not Hospital Employee For Title VII Purposes, Seventh Circuit Holds

To build on my colleague Vince Jackson’s recent post about the Department of Labor’s distinction between independent contractors and employees, teasing out whether an individual is (or was) a company’s employee who is generally covered by equal employment opportunity laws, or an independent contractor who is not covered, is an often difficult but critically important […]

Department of Labor Opines That Gig Workers are Independent Contractors

On April 29, 2019, the Department of Labor’s (“DOL”) Wage and Hour Division issued an opinion letter (FLSA2019-6) stating that workers in the “gig” or “sharing” economy should be considered as independent contractors rather than employees.  This opinion letter, while limited to the specific facts of the anonymous company who requested it, has potentially wide-ranging […]

NLRB Restores Independent Contractor Analysis

This past Friday, the National Labor Relations Board, in 3-1 decision, revitalized the importance of “entrepreneurial opportunity” in the analysis of whether a worker is an employee or independent contractor for purposes of the National Labor Relations Act (NLRA).  SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019).  The distinction between employee and independent […]

Uber Gets Taken for a Ride

Well, not really.  But I just couldn’t resist the title.  Uber did, however, suffer another blow against it in the intensifying efforts to classify its drivers as employees.  This time, the venue was a federal court in California and the plaintiffs were two women who allege they were sexually assaulted by two of Uber’s drivers. […]

New DOL Guidance Makes The Independent Contractor A Rare Breed Indeed

On July 15, 2015, the Department of Labor (DOL), through its Wage and Hour Division, issued its first Administrator’s Interpretation (AI) of the year, and in more than a year (2015-1).  AI 2015-1 focuses on the always complex issue of independent contractor versus employee classification under the Fair Labor Standards Act (FLSA).  The DOL has […]

The Supreme Court Will Not Review “The Truck Drivers Are Employees” Decision

Time and time again, employers get dinged for improperly classifying employees as independent contractors.  Whether it is unpaid taxes or employees seeking unpaid wages, these cases are increasing.  Ruiz v. Affinity Logistics Corp., 754 F.3d 1093 (9th Cir. 2014) is no different.  Here, the Supreme Court decided it would not reconsider the employer’s argument that […]