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Appeals Court Says Uninsured Employer Can Be Barred From Getting Public Contracts
07/06/2016
25C10 imposes a disbarment penalty if an employer has misclassified its workers with the intent to avoid a higher premium or if it failed to procure coverage for all its workers with the intent to avoid a higher premium.
But the Appeals Court said the penalty applies if there is a failure to
Category: News
Crackdown Nears on Employers That Misclassify Workers as Independent Contractors
07/01/2016
contributions were not made within 45 days.
Donna M. Glover
In addition Senate Bill 90 called the Recovery of Benefits and Penalties for Fraud Act would subject employers to 5000 fines per misclassified employee. Those fines would double for repeat violators and anyone who knowingly advises an
Category: News
2nd DCA Denies Class-Action for Farmers Claims Adjusters
05/31/2016
The California 2nd District Court of Appeal on Friday affirmed a trial court decision denying class-action status to a group of former Farmers Insurance Exchange claims adjusters who say they were misclassified as exempt employees so the carrier could avoid paying overtime.
In Wilson v. Farmers
Category: News
Port Trucking Companies Skipping Amnesty Program Despite Scrutiny
05/20/2016
claims in the April 18 administrative complaint that misclassifying drivers is also an illegal anti-union effort.
Since at least March 24 2015 respondent has misclassified its employee-drivers as independent contractors thereby inhibiting them from engaging in Section 7 activity and depriving
Category: News
Janitorial Firm Agrees to Pay Damages for Misclassifying Workers
05/16/2016
A New Jersey janitorial firm misclassified employees as independent contractors to avoid paying overtime and minimum wage the U.S. Department of Labor contends.
Investigators with the department's Wage and Hour Division alleged that Heits Building Service of Central and Northern New Jersey and
Category: News
Labor Commissioner Offers Amnesty to Port Trucking Companies
05/09/2016
The California Labor Commissioners Office is offering amnesty to port trucking companies who misclassified drivers as independent contractors rather than employees.
The amnesty program which was included in Assembly Bill 621 allows qualifying companies to avoid liability for employee
Category: News
Premium Calculation Methodology Set Forth in CGL Policy Wasn't Ambiguous, Court Rules
04/27/2016
audit.
In 2007 and 2008 Brierfield conducted premium audits. It then billed DPI and PierCon for additional premiums of 11021 and 45372 respectively.
Pierce refused to pay these amounts because he claimed that Brierfield had misclassified some of his subcontractors which resulted in
Category: News
Settlement Would Pay Uber Drivers $84 Million to Remain Independent Contractors
04/25/2016
Ride-hailing service Uber Technologies has agreed to pay 84 million to settle lawsuits filed by drivers in California and Massachusetts who allege they were illegally misclassified as independent contractors according to media reports.
Under terms of the settlement however the drivers who
Category: News
Signed Agreements No Guarantee Worker is Independent Contractor
04/12/2016
.
Of the 10 million or more people working as independent contractors about 30 may be misclassified Zeigler estimated.
When questions arise over a workers classification the U.S. Department of Labor will look at the extent to which the work performed is an integral part of the employers
Category: News
Uber Seeks to Halt Lawsuit Pending Appeal; Judge Rejects Proposed Settlement in Lyft Case
04/08/2016
Ride-hailing firm Uber Technologies is asking a federal court in California to halt an ongoing lawsuit by drivers who claim they were misclassified as contractors while the U.S. 9th Circuit Court of Appeals reviews a trial court decision allowing more drivers into the case.
At the same time a
Category: News
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