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, Los Angeles County qualifies as a joint employer of In-Home Supportive Services providers.
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 lawsuit, 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.
Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its fourth meeting of the year on April 22, 2022. This meeting occurred one month after the Task Force released its Annual Report, which outlined 15 unanimous recommendations to tackle employee misclassification. The Task Force plans to submit its final report in December 2022.
On January 24, 2022, U.S. District Judge Madeline Cox Arleo denied Wal-Mart’s motion for partial summary judgement in Sundel Quiles, et al. v. Wal-Mart. The action arises from allegations that Wal-Mart misclassified the Plaintiffs as overtime-exempt employees in violation of the New Jersey State Wage and Hour Law and New York Labor Law.
On January 19, 2022, Plaintiff John Fleming requested preliminary approval of a $15,846,423 settlement on behalf of himself and a class of other current and former distributors of Matco Tools Corporation. The Settlement resolves allegations that Plaintiff and other class members were misclassified as independent contractors instead of employees, resulting in violations of California labor law.
The assessment of whether a worker is an independent contractor or an employee is a fact-intensive inquiry. Moreover, different tests apply depending on the law. Thus, while a worker may be classified as an independent contractor under federal tax law, the same worker may be classified as an employee under the Fair Labor Standards Act, the federal law covering minimum wage and overtime.