Tag: Independent Contractors

Independent contractor model survives Lyft settlement

Lyft, a ride-hailing service that uses independent contractors as drivers, has agreed to settle a proposed class action lawsuit in California by paying $12.25 million and giving drivers certain protections, but the settlement doesn’t call on the company to reclassify its drivers as employees. The larger ride-hailing service Uber also is facing court action. The […]

Time for California employers to be ready for $10 minimum wage

by Elizabeth J. Boca The minimum wage in California will increase from $9 to $10 an hour as of January 1. Employers must understand that paying the higher minimum wage alone doesn’t satisfy their obligations because the upcoming increase will spark a domino effect in various compliance areas.  Exempt “white-collar” employees. Each time the state […]

Uber class action ruling expected to have national implications

A San Francisco judge’s ruling granting class action status to possibly thousands of Uber drivers carries implications that “go well beyond California,” according to an attorney closely watching the case. U.S. District Judge Edward Chen ruled September 1 that a group of Uber drivers in California can sue as a class as they argue that […]

New guidance signals tougher stance on independent contractor classification

A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors. On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 […]

Employee or self-employed? That is the question!

By Alexandra Meunier and Yves Turgeon In the financial services industry, the status of insurance and financial product sales reps is often in question. Are they employees or independent contractors? No matter what part of Canada you’re in, it is important to get it right.

New Maine law on independent contractors goes into effect December 31

by Peter D. Lowe Maine employers need to pay attention to a new Maine law on the definition of “independent contractor” that goes into effect December 31. Legislative Document 1314, passed in Maine earlier this year, outlines two sets of conditions that must be in place for an individual to qualify as an independent contractor […]

Independent contractor’s behavior can lead to criminal liability for employers

By Antonio Di Domenico On Christmas Eve 2009, a swing stage (a work platform) suspended on the 14th floor of an Ontario apartment building collapsed. Four workers including the site supervisor died after falling to the ground. Metron Construction was charged with criminal negligence causing death under Canada’s Criminal Code. The company’s owner and sole […]

Canadian Decisions Blur Distinction between Employees and Independent Contractors

By Ralph Nero and Keri Bennett Employers in Canada have typically understood employees and independent contractors to fall into distinct legal categories. However, recent court and labor board decisions indicate that the traditional definition of “employee” continues to expand. Ontario court interprets health and safety obligations In Ontario (Labour) v. United Independent Operators Limited, Ontario’s […]

Fines for Non-Compliance Add Up Fast in California

Penalties for noncompliance with California wage and hour laws can add up surprisingly fast, says attorney Christopher C. Hoffman. And it’s surprisingly easy to run afoul of California‘s many tricky requirements. (See yesterday’s CED to read Hoffman’s tips on rest periods and meal breaks in California.)