Archive for the ‘Independent Contractor’ Category

Investigating the Independent Contractor Relationship

Federal and state agencies continue to pay close attention to the independent contractor employment relationship – and not the type of attention that’s good for employers. The U.S. Department of Labor (DOL) and California’s Division of Labor Standards Enforcement (DLSE) allege that many employers misuse the “independent contractor” title to circumvent wage-and-hour laws. A five-year […]

21 Jul 15 - Independent Contractor, Workplace Policies - Gail Cecchettini Whaley - No CommentsRead More »

Labor Commissioner Rules Uber Driver Is Not An Independent Contractor

As HRWatchdog has previously reported, San Francisco-based ride service Uber has faced lawsuits from drivers claiming they were misclassified as independent contractors. The California Labor Commissioner recently ruled in favor of one Uber driver finding that she must be considered an employee. The driver sought unpaid wages and business expenses; she was awarded $4,000 in […]

19 Jun 15 - Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »

FedEx Agrees to $228 Million Settlement in Independent Contractor Case

In a closely watched case, FedEx recently announced that it reached a $228 million settlement with drivers in a class action lawsuit filed in federal court in California. The settlement was announced in a regulatory filing.  According to executive vice president and general counsel Christine P. Richards, “FedEx Ground faced a unique challenge in defending […]

16 Jun 15 - Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »

Fact or Fiction: “Independent Contractor” Has the Same Meaning for All Government Agencies

Fiction: If one government agency determines an employee is an independent contractor for one purpose, it does not mean a different government agency will reach the same conclusion. Generally, the right to control the manner and means by which the individual performs his or her services is the most important factor, but you have to […]

8 Jun 15 - Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »

Employees or Independent Contractors? Uber, Lyft Drivers Can Proceed With Claims

Ride services Uber and Lyft have faced lawsuits from drivers claiming that they were misclassified as independent contractors when they should be classified as employees. The misclassification, according to the drivers, meant they were denied protections under California wage-and-hour laws, such as being paid the minimum wage and expense reimbursements for gas and vehicle maintenance. […]

12 Mar 15 - Compensation, Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »