Have You Been Mis-Classified as an Employee or Independent Contractor – The Answer May Be Crucial to the Success of Your Case

When analyzing an employment law case, one must first determine whether the worker was an employee or independent contractor. This is important because in California employment-at-will means that an employer can fire an employee for just about any reason other than one that is prohibited under law. The following is a b...

Uber Set For Trial In June

An update on the ongoing misclassification class action law suit against Uber Technologies Inc. In O’Connor et al v. Uber Technologies, Inc., C.A. No. 13-03826-EMC (N.D. Cal.), a certified class of Uber drivers has sued the ride sharing company alleging that they are being misclassified as independent contractors, a...

Can Independent Contractors Claim Employee Benefits?

Question: An individual was misclassified by his company for many years as an independent contractor, when in fact he was an employee. Due to the misclassification the individual was not eligible to participate in his company's 401k plan or sign up for health benefits. After ten years of employment, the company laid...

Worker Classification Cases Abound and the DOL Responds

Several more cases this week showed how worker (mis)classification remains a hot topic in the California employment law landscape.  One of the cases was settled for $295,000 when a class of trucking company driver managers brought claims that they were misclassified as exempt from overtime employees.  As opposed to m...

Federal Court: Uber Drivers Are Employees, Not Independent Contractors

After months of speculation, a federal court in Northern California held that drivers for Uber are employees and not independent contractors due to Uber's control over the drivers' schedules, routes, pay, and training. The court was considering whether to certify a class action of thousands of drivers who had signe...

New Law: Professional Cheerleaders in California Are Now Employees

A new bill signed into law by Governor Jerry Brown requires that cheerleaders working for professional football and basketball be classified as employees and be paid at least minimum wage. AB 202 is a new and pioneering law of its kind and follows a number of lawsuits filed by cheerleaders against professional spor...

Bank of America unit will pay $36 million to settle appraiser class action

Bank of America Corp's appraisal unit, Landsafe Appraisal Services, Inc. has agreed to pay $36 million to settle a class action alleging it misclassified residential real estate appraisers as exempt from getting paid overtime. According to Plaintiffs' attorneys, each of the 365 class members will recover about $100,000...

Uber Drivers Are Employees, Not Independent Contractors

The California Labor Commissioner ruled recently that Uber drivers are employees and not independent contractors of the Uber corporation, in a decision that could shake up the car sharing industry. Defendants Uber Technologies, Inc. and Rasier-CA LLC (collectively, Uber) argued that Plaintiff was an independent contrac...

Employee Rights Update: Discrimination and Misclassification

In this segment of our ‘Employee Rights Update’, we aim to provide our employee subscribers with timely educational information from recent cases and laws. (1) Racial Discrimination against a White Male: A California jury awarded $3.25 million to a former City of Los Angeles gardener who sued under racial discri...

Employee Rights–Misclassification as Independent Contractor

Employee Rights: California employees misclassified as independent contractors seem to present low-hanging fruit to Calfiornia employers.As California's largest employee-only law firm, we've seen just about all variations on this theme that employers can throw at the public.  A case has just denied these seedy e...