Articles Tagged with employer misclassification lawsuit

Internships can be one of the most beneficial learning experiences of a young person’s life, providing skills and experience employee misclassificationunattainable 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 set of guidelines that relaxes the requirements around paid internships. According to a Los Angeles Times report, the new guidelines do keep intact a series of factors companies should use to determine whether they have to pay their interns or not, referred to as a primary beneficiary test. In other words, the test determines who benefits the most from the internship: the intern or the company. But now instead of using these factors as the standard by which to judge the employer’s final decision, the merits will be determined on a case-by-case basis. Continue reading

It’s been more than a decade since FedEx was first accused of driver misclassification by drivers for the company. The cases quickly began to pile up – ultimately some 12,000 from 20 states. tractortrailerwheels

As the multi-district litigation was combined into one action that crawled forward, a whole new generation of employee misclassification lawsuits were filed against other companies.

It’s only now, in 2016, that the company is proposing a settlement with drivers whom it formerly called independent contractors. The allegation has long been that the company hired them to work as “independent contractors.” They were paid as such, but they weren’t treated as such. In considering whether the classification was proper, courts were analyzing the level of control the company had over the workers, including facts like:

  • Drivers were required to drive trucks that were branded with the FedEx logo;
  • Drivers were required to wear FedEx uniforms;
  • Drivers had to use FedEx scanners;
  • Drivers weren’t free to turn down jobs if they wanted to keep working for the company.

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