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Category Archives: Employee Status
What Evidence Is Needed To Support A Misclassification Claim?
Misclassification as an independent contractor instead of an employee can deny workers vital benefits and protections, such as overtime pay, unemployment insurance, and Workers’ Compensation. Understanding and proving a misclassification claim can be daunting, especially given the complex legal landscape surrounding employment classification. Accordingly, the strength of any misclassification claim lies in the quality of the evidence presented. Miller Shah is committed to guiding misclassified workers through the legal process…
What Steps Should I Take If I Believe I’ve Been Misclassified?
Accurate employee classification is more than a technicality—it serves as a foundation for workers’ rights and access to critical benefits. Proper classification determines eligibility for overtime pay, healthcare coverage, workers’ compensation, and other protections. Misclassification, whether intentional or accidental, can have far-reaching consequences for employees. If you suspect you’ve been misclassified as an independent contractor instead of an employee, Miller Shah can help you understand the steps you need to…
When Should I Hire An Employee Misclassification Attorney?
In the ever-evolving landscape of employment law, the issue of employee misclassification is a significant concern for both workers and employers. Misclassification occurs when workers are incorrectly categorized, often as independent contractors rather than employees, a distinction that can have profound implications on wages, benefits, and job protections. Navigating these legal complexities can be daunting, and knowing when to seek the assistance of an employee misclassification attorney is crucial for…
What Are the Most Common Types of Employee Misclassification?
Employee misclassification is a pervasive issue in the modern workplace, affecting both workers and employers. Misclassification occurs when an employer incorrectly categorizes an employee as an independent contractor or designates them as exempt. This improper classification can have significant legal and financial repercussions, impacting wages, benefits and protections under labor laws. Miller Shah LLP assists employees and employers navigate these complex issues. What is Employee Misclassification? Employee misclassification refers to…
What is the Difference Between Exempt and Non-exempt Employees?
While the Fair Labor Standards Act (FLSA) provides overtime and minimum wage protections for many employees, certain categories of workers are exempt from these protections. The distinction between exempt and non-exempt employees is a critical aspect of employment law impacting workers' rights and employers' responsibilities. Exempt employee misclassification can deprive workers of essential benefits, such as overtime pay, rest breaks and minimum wage protections. If you believe you have been…
Grubhub Driver Ruled an Employee, Not Independent Contractor
On March 30, 2023, U.S. District Judge Jacqueline Scott Corley held that Grubhub Inc. (“Grubhub” or the “Company”) wrongly classified former delivery driver Raef Lawson as an independent contractor instead of as an employee, in violation of California’s minimum wage law. Throughout the eight-year litigation, Grubhub argued that its delivery drivers fall within the business-to-business exemption to the three-pronged classification test outlined in Dynamex Operations West Inc. v. Superior Court, that allows…
PA Judge Denies Cannabis Company’s Motion to Dismiss Delivery Driver Misclassification Claims
On March 7, 2023, the Honorable William S. Stickman IV of the Western District of Pennsylvania denied a motion to dismiss filed by medical cannabis company FarmaceuticalRX LLC (“FRX” or the “Company”) in a class action lawsuit alleging the Company misclassified delivery drivers as independent contractors and failed to pay overtime wages. In August 2022, FRX delivery drivers Clint Goodenow, Jason Hummel, Alex Fitzgerald, Brian DeMarco, and Mark Williams (collectively, “Plaintiffs”) filed…
FLSA: Ninth Circuit Holds L.A. Homecare Workers are Eligible for Overtime Compensation
On November 4, 2022, a three-judge panel of the United States Court of Appeals for the Ninth Circuit held that for the purposes of the Fair Labor Stands Act (“FLSA”), Los Angeles County (the “County”) qualifies as a joint employer of In-Home Supportive Services (“IHSS”) providers and is therefore liable for failing to pay overtime compensation, partially reversing the Central District of California’s summary judgment order in favor of the…
Massachusetts Supreme Judicial Court Blocks App Driver Ballot Initiatives
In a unanimous opinion issued on June 14, 2022, the Massachusetts Supreme Judicial Court found it was an error for the Massachusetts Attorney General to certify two proposed ballot initiatives to redefine the employment classification of rideshare app drivers. The Court determined the initiatives contained at least two substantially distinct policy decisions, and that the lumping together of multiple policy questions does not allow voters to answer a single initiative…
Workers Seek Sanctions on Turf Farm
Workers of Briggs Traditional Turf Farm (“Briggs” or the “Farm”) have sought sanctions against their employer for misleading employees who could opt into a lawsuit against the Farm. The second amended complaint, filed on December 23, 2021, in the United States District Court for the Western District of Missouri, alleges that Briggs illegally and discriminately withheld overtime pay from workers with H-2A visas by purposely misrepresenting them as agricultural workers.…
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