Searching Content indexed under Employment Litigation/ Tribunals by Todd Lebowitz ordered by Published Date Descending.
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Ninth Circuit Ruling Means California's Dynamex Independent Contractor Test Must Now Be Applied Retroactively Before April 30, 2018
On May 2, the Ninth Circuit expanded the application of the "ABC" test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court.
United States
21 May 2019
NLRB Makes Up More New Rules On Joint Employment
Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? "Kids can be so unfair," your parent might have said, trying to console you.
United States
21 Jul 2016
NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test
In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective bargaining purposes.
United States
16 Sep 2015
NLRB: Nurses Entitled To Union Representation At Peer Review Meeting
The hospital contended that it did not discipline employees based on the outcome of peer review meetings and that employees could not reasonably expect that the meeting would lead to disciplinary action.
United States
16 Sep 2015
DOL Memo Provides Script For FLSA Collective Actions Alleging Independent Contractor Misclassification
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest.
United States
20 Jul 2015
Unpaid Internships Given New Life By The Second Circuit
In 2011, three students who were trying to break into the film industry landed unpaid internships with Fox.
United States
8 Jul 2015
FedEx To Pay $228 Million In Independent Contractor Misclassification Settlement
This $228 million compromise, which has not yet been approved by the district court, will be among the largest misclassification settlements ever, if not the largest ever.
United States
17 Jun 2015
Supreme Court Refs Call Foul On EEOC, NBA Playoff Edition
The heads of officiating at the Supreme Court called a technical foul on the EEOC for being too Cavalier about its obligation to conciliate before lacing up its Converse All-Stars and heading to court.
United States
1 May 2015
No Tag-Backs! Employee Is Entitled to FMLA Coverage, Even Though Not Eligible
The playground game of tag has been played since at least the Cretaceous Period, with efforts by paleontologists to verify earlier origins of the game inconclusive to date.
United States
17 Feb 2015
No Number, No Job: Classic Rock Song Titles Explain It Best
When job applicant Don Yeager refused to provide a social security number to his prospective employer, he was shown the door.
United States
11 Feb 2015
New California Law Imposes Joint Liability On Businesses And Contract Vendors For Wage Violations And Workers’ Compensation Coverage
For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model.
United States
15 Nov 2014
Publix To Pay $6.8 Million Settlement Over Noncompliant Background Check Forms
If your company’s background check disclosure form includes a release of liability, take it out.
United States
7 Nov 2014
Conservative Kansas Joins The Liberal Ninth Circuit In Rejecting The Independent Contractor Classification Of Delivery Drivers
Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent contractors under California and Oregon law.
United States
17 Oct 2014
Court Dismisses EEOC’s Attack On Severance Agreements, But Not On The Merits
The EEOC’s lawsuit against CVS has been dismissed, but not for the reasons employers would have hoped.
United States
17 Oct 2014
U.S. Open Umpires And Linesmen Are Independent Contractors, Court Rules
In an opinion that disappointingly failed to take advantage of countless pun opportunities, a federal judge in New York otherwise got it right, ruling that the United States Tennis Association properly classified U.S. Open tennis officials as independent contractors, not employees.
United States
4 Oct 2014
Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees
Last week the Ninth Circuit issued a pair of decisions in the nearly-decade long misclassification dispute between FedEx and its drivers.
United States
10 Sep 2014
United States
10 Jul 2014
United States
27 Jun 2014
Ninth Circuit Shows No Affinity For Independent Contractor Status In Delivery Drivers
The Ninth Circuit Court of Appeals held this week that furniture delivery drivers for Affinity Logistics were employees under California law.
United States
26 Jun 2014
Sixth Circuit Delivers Knockout To EEOC In Another Background Check Case
The EEOC suffered a major setback on April 9th when the Sixth Circuit Court of Appeals affirmed summary judgment in the highly watched background check case of EEOC v. Kaplan Higher Education Corporation, et al.
United States
19 Apr 2014
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