On June 12, 2023, The Third Circuit Court of Appeals upheld the 2022 decision of the United States District Court for the District of New Jersey to certify a class of drivers in a wage and hour suit against Sleepy’s LLC, rejecting Sleepy’s argument that drivers’ misclassification claims require individualized inquiry to determine whether each class member was an employee or an independent contractor.
On March 30, 2023, U.S. District Judge Jacqueline Scott Corley held that Grubhub Inc. wrongly classified former delivery driver Raef Lawson as an independent contractor instead of as an employee, in violation of California’s minimum wage law.
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 in a class action lawsuit alleging the Company misclassified delivery drivers as independent contractors and failed to pay overtime wages.
The National College Players Association alleges that college athletes have been misclassified as non-employees and that the named organizations “interfered with, restrained, and coerced  employees in the exercise of rights protected by Section 7 of the [NLRA].”
On February 8, 2023, A Place for Rover, Inc. agreed to pay $18 million to resolve allegations that the Company unlawfully misclassified its hourly workers as independent contractors in order to skirt certain minimum wage and benefit laws.
On December 14, 2022, the honorable Samuel H. Mays, Jr. of the United States District Court for the Western District of Tennessee granted final approval to the settlement of a class action lawsuit against freight and trucking business Comtrak Logistics, Inc. The Court previously granted preliminary approval to the Settlement on July 21, 2022.
On December 16th, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its twelfth meeting of the year. The Joint Task Force was created when Pennsylvania Governor Tom Wolf signed Act 85 into law in October 2020, which called for the creation of a Joint […]
On August 3, 2022, the United States Court of Appeals for the Seventh Circuit reversed a Wisconsin federal court’s dismissal of a truck driver’s misclassification claims against hauling company Schneider National Inc. The Seventh Circuit found that driver Eric Brant plausibly alleged a viable claim under the Fair Labor Standards Act (“FLSA”), a federal law that protects workers from unfair employment practices by establishing requirements for minimum wage, overtime pay, recordkeeping, and child labor.
On November 18th, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees held its eleventh meeting of the year. The Joint Task Force, composed of seven members and chaired by the Secretary of Labor & Industry, was formed in October 2020 to evaluate the status of worker misclassification in Pennsylvania and develop recommendations to present to the Pennsylvania General Assembly.
On November 10, 2022, the Ninth Circuit denied the request of Jan-Pro Franchising International Inc. to review the United States District Court for the Northern District of California’s August 2, 2022 order granting a group of janitors class action certification in a lawsuit alleging Jan-Pro misclassified its janitors as independent contractors.