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Category Archives: Missclassification of Workers
Misclassified Truck Drivers Secure a $4.75 Million Settlement After a Decade of Litigation
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 (“Settlement”) of a class action lawsuit against freight and trucking business Comtrak Logistics, Inc. (“Comtrak” or “Defendant”). The Court previously granted preliminary approval to the Settlement on July 21, 2022. The nine-year litigation accused Comtrak (presently known as Hub Group Inc.) of misclassifying its…
Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Final Meeting
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 Task Force to be composed of seven members (or their designees) and chaired by the…
Seventh Circuit Reverses Motion to Dismiss Truck Driver’s Misclassification Claims
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. (“Schneider” or “the Company”). The Seventh Circuit found that driver Eric Brant (“Plaintiff”) 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…
Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Eleventh Meeting
On November 18th, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its eleventh meeting of the year. The Joint Task Force, composed of seven members (or their designees) 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.…
Ninth Circuit Denies Petition to Review Class Certification Order in Misclassification Suit
On November 10, 2022, the Ninth Circuit denied the request of Jan-Pro Franchising International Inc. (“Jan-Pro”) 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. The action began in 2008 when a group of janitors sued Jan-Pro in Massachusetts federal court. After the case was…
DOL Issues Notice of Proposed Independent Contractor Rule
On October 13, 2022, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) published a Notice of Proposed Rulemaking regarding a new standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. The proposed rule, entitled “Employee or Independent Contractor Classification Under the Fair Labor Standards Act,” would create a six-factor framework for classifying workers as employees or…
Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Tenth Meeting
On October 28th, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its tenth 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 Task Force to be composed of seven members (or their designees) and chaired by the…
9th Circuit Denies Motion to Preliminarily Enjoin Codification of the ABC Test
On October 11, 2022, the United States Court of Appeals for the Ninth Circuit affirmed the Central District of California’s denial of a motion for a preliminary injunction to restrain the California Attorney General from applying California’s “ABC test,” as codified in California’s Assembly Bill 5 (“AB 5”), to political canvassers. Under precedent established in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) to prove workers are…
Burlington Coat Factory Pays Misclassified Employees $11M in Overtime Wages
On September 21, 2022, Burlington Coat Factory (“Burlington” or the “Company”) agreed to pay $11 million to settle a class action lawsuit involving claims that the Company misclassified over 1,700 Assistant Store Managers (“ASMs”) and failed to pay overtime wages. The settlement comes after the Company settled two related actions in 2020 for nearly $20 million. In February of 2022, ASM Kim Payton-Fernandez filed a complaint alleging that Defendant violated the Fair…
Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Ninth Meeting
On September 23, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its ninth meeting of the year. The Joint Task Force, comprised of seven bipartisan members and their designees, was created in October 2020 as a result of Act 85 (House Bill 716) to evaluate the status of worker misclassification in Pennsylvania and develop recommendations to present to the Pennsylvania General…
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