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Articles Posted in misclassification

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Uber, Lyft and Other Platform Workers: Should They Be Franchisees Instead of Employees?

Our Orange County employment attorneys in California have long discussed the employment law conundrums for so-called “platform workers” in the “gig economy.” Companies classify the workers as independent contractors, which strips them of key employment rights such as overtime, breaks, liability insurance coverage, minimum wage and workers’ compensation if they’re…

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Employee Misclassification in Education: $1M California Lawsuit Alleges Unfair Pay, Benefits

Two former full-time instructors providing services for the General Assembly while employed by a New York-based contractor say they were wrongly classified as independent contractors. The instructors, hired to teach both part-time and full-time courses in fields of technology, business and design, say they were wrongly denied overtime pay, rest…

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Uber Ordered to Pay Unemployment, Sets Precedent for Employee Misclassification Cases

New York State labor review board has made a move that could shake up the gig economy forever. The board of regulators recently ruled that three former Uber drivers qualify for unemployment insurance, a decision which first requires that the drivers be considered employees in the first place. According to…

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What the Dynamex Ruling Could Mean for Contract Workers

What started as two delivery drivers fighting for their employee status has blossomed into a landmark class-action lawsuit that could have a major ripple effect on employee classification in California and the gig economy in general. In the case of Dynamex Operations West, Inc. v. The Superior Court of Los…

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Bill Puts Retailers in the Driver’s Seat to Prevent Abuse of Truckers

A bill labeled “Dignity in the Driver’s Seat” has been introduced in the California State Senate, taking aim at port trucking companies’ exploitation of workers and failure to pay up for affirmed violations. This bill would make retailers who work with offending trucking companies jointly liable for their actions. Previous…

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Court: Franchisees Not Employees of National Chain

They might share a name, hours, and overarching rules, but according to the U.S. District Court for the Central District of California,  7-Eleven franchisees are not direct employees of 7-Eleven. In the original employment lawsuit complaint, filed by a group of four franchisees, plaintiffs pointed to 7-Eleven’s restrictive rules, alleging…

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Summer is Coming, and So Are Intern Misclassifications

Internships can be one of the most beneficial learning experiences of a young person’s life, providing skills and experience unattainable in any classroom. However, some are trying to argue that these benefits mean more interns should go without payment for their work. The U.S. Labor Department recently released a new…

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Employee Misclassification Cases Hitting Gig Economy Where it Hurts

“Gig” employment, also known as the, “sharing economy,” has exploded across the country, with increasingly more services following in the footsteps of the likes of Uber and Grubhub. These businesses often use apps to connect workers with customers for one-time services. These companies amass an eager base of workers who…

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Holiday Workers Face Numerous Employment Issues in Los Angeles

The time between Black Friday and Christmas Day is always a hectic one for those who work in the retail industry.  This is the time when sales are often the highest, which is where the term “Black Friday” is derived, as store ledgers move from the red to the black.…

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Reductions in Unemployment Can Mean Changes for LA Workers

The unemployment rate is one of the factors economists use to determine the health of the market.  When more people are working it historically means that companies are prospering and the economy is getting stronger. Currently, the unemployment rate is down in Los Angeles and Orange County according to a…

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