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Category Archives: Employee Status
Joint Task Force on Misclassification of Employees – Pennsylvania Department of Labor & Industry
Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its fourth meeting of the year on April 22, 2022, the first in-person meeting since its assembly in January 2021. The Task Force is a bipartisan group of nominated volunteers representing business, labor, and government seeking to publicize a comprehensive understanding of worker misclassification and its consequences. This meeting occurred a month after the Task Force released its Annual Report, which…
Wal-Mart Overtime Suit Denied Summary Judgment
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 (“NJWHL”) and New York Labor Law (“NYLL”). Wal-Mart sought to limit the claims that Plaintiffs could bring to trial by arguing that even if Wal-Mart…
Matco Tools Misclassification Suit Reaches $15.8 Million Settlement
On January 19, 2022, John Fleming (“Plaintiff”) requested preliminary approval of a $15,846,423 settlement (the “Settlement”) on behalf of himself and a class of other current and former distributors of Matco Tools Corporation (“Matco Tools” or “Defendant”). The Settlement resolves allegations that Plaintiff and other class members were misclassified as independent contractors instead of employees of Matco Tools, resulting in unreimbursed business expenses, unlawful deductions, unpaid overtime compensation, missed meal and rest…
Applying California’s ABC Test to Determine Employee Status
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. The three general categories of tests are: (1)…
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