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by Dinita L. James Gonzalez Law, LLC A new Arizona law going into effect on August 6 will allow independent contractors to provide a declaration of their independence to businesses using their services. The law provides a form called a declaration of independent business status (DIBS) to help determine whether a worker should be classified […]
Drivers for ride-hailing giant Uber will continue to be independent contractors under the terms of a settlement of class-action lawsuits in California and Massachusetts if the settlement receives court approval. The settlement, announced on April 21, will require the company to pay drivers an initial $84 million and possibly as much as $100 million. Despite […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]