Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its eighth meeting of the year on August 26, 2022, the fifth 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.
On July 8, 2022, the United States District Court for the Western District of Washington denied a motion for class certification filed by Amazon Flex Drivers in a misclassification suit against Amazon.com, Inc. and Amazon Logistics, Inc.
Uber increases its leverage and bargaining power regarding bringing claims to arbitration by inserting mandatory arbitration provisions in consumer and employee agreements. These provisions serve to limit the available options for dispute resolution and thereby leave opposing parties little choice but to cooperate with Uber. Yet despite the precedent-evading benefits of arbitration, the possibility of mass arbitration presents Uber with different risks.
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 February 17, 2022, a class of 1,322 California drivers announced an $8.43 million settlement with Uber Technologies, Inc. (“Uber”) to resolve claims Uber intentionally misclassified its drivers as independent contractors between February 28, 2019 and December 17, 2020.
On February 23, 2022, U.S. District Judge Martha Pacold granted Uber’s motion to compel arbitration in a lawsuit over the classification of its employees under federal wage laws.
XPO Logistics has agreed to pay $9.5 million in a settlement with California truck drivers in a lawsuit over alleged worker misclassification.
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 February 8, 2022, the National College Players Association filed an unfair labor practice charge with the National Labor Relations Board alleging that the NCAA, along with certain universities, misclassified Division I football and basketball players as student-athletes rather than employees of the university, denying them their rights under the National Labor Relations Act.