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Groups Hope First-Ever Misclassification Prosecution Means New Scrutiny on Construction
01/13/2021
company agreed to a similar penalty Racine said.
In New Jersey the Department of Labor and Workforce Development last February issued a stop-work order against a construction company that had allegedly misclassified workers and failed to obtain workers' compensation insurance. The action was one of
Category: News
Employer's Appeal Untimely, but It Can Assert Equitable Tolling Claim
12/03/2020
asserting it did not violate the regulation. Alternatively Ventura argued that the citation was misclassified as serious.
Procedural history An administrative law judge upheld the citation finding Ventura committed a serious violation. However the ALJ reduced the proposed penalty.
The board
Category: News
Appellate Court Affirms Injunction Requiring Uber, Lyft to Classify Drivers as Employees
10/27/2020
Court in April 2018 issued a decision finding Dynamex had misclassified its drivers. The court adopted the three-part "ABC test" to determine when a worker is a contractor.
"Strip away the use of the internet as a mode of communication with drivers and this case bears many similarities to that one
Category: News
Production Companies Argue Jury Misclassified Stuntman for $8.6M Award
10/23/2020
Production companies working with AMC Networks argued that a stuntman killed while filming The Walking Dead should have been classified as an e
Category: News
Trucking Company Owners Accused of Misclassifying Workers to Save on Comp
10/20/2020
44 and Amandeep Kaur 36 operated long-haul trucking company Trust Transport Inc. They allegedly reported 105811 in payroll to State Compensation Insurance Fund.
State Fund conducted audits to confirm the payroll and found several workers had been misclassified as independent contractors
Category: News
Another Court Finds Dancers Are Employees, Not Independent Contractors
10/16/2020
The Connecticut Superior Court upheld an arbitrator's decision finding six exotic dancers were misclassified as independent contractors and denied wages and workers' compensation benefits.
It's the latest among dozens of state and federal court decisions in recent years that reflect the growing
Category: News
Drywall Company Owners Face Prison Time for Extensive Misclassification
10/13/2020
repay their workers' compensation carrier Federated Insurance more than 300000 in lost premiums as part of a plea agreement. They will be on probation for five years according to the Star Tribune newspaper.
Prosecutors said the couple misclassified dozens of workers as independent contractors in
Category: News
Labor, Democrats Say DOL Rule Will Mean More Worker Misclassification
09/24/2020
the COVID-19 pandemic gripped legislators' attention.
Other types of workers construction workers in particular have also been the victims of misclassification and the proposed federal rule could exacerbate the problem critics said.
Many workers are misclassified and have been for years
Category: News
Exotic Dancer Sues Club Over Alleged Misclassification
08/18/2020
An exotic dancer in Florida has filed a federal lawsuit against a strip club alleging the owners misclassified dancers as independent contractors and deprived them of wages overtime and benefits which are required by the Fair Labor Standards Act.
Shakeena Rice charges that Lookers Lounge in
Category: News
Committee Passes Bill Allowing Newspapers to Continue Classifying Carriers as Contractors
08/12/2020
misclassifying more than 1000 carriers as contractors. The Sacramento Superior Court the same year said the Sacramento Bee misclassified carriers as contractors.
Separately in 2008 the Orange County Register settled a misclassification class action case for 22 million.
And a complaint filed last year
Category: News
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