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Category Archives: Misclassification

March 18

California Independent Contractor Misclassification Costs Amity In-Home Care $2.3M

Worker Misclassification Costs Amity $2.3M On February 20, 2025, the California Labor Commissioner’s Office (“LCO”), a division of the Department of Industrial Relations (“DIR”), fined Amity In-Home Care Services, Inc. (“Amity”) over $2.3 million for misclassifying its workers as independent contractors. Amity is a California-based home care agency that provides non-medical services such as personal hygiene, light housekeeping, companionship, and mobility assistance through its team of “skilled and dependable caregivers.”…

March 04

Employment, Misclassification

The Cost of Worker Misclassification in Maryland

Worker misclassification is a widespread issue that affects thousands of employees across Maryland, depriving them of critical benefits and protections. Many workers who should be classified as employees are instead misclassified as independent contractors, often without their knowledge. This can result in lost wages, denied benefits, and reduced legal protections, making it harder for workers to access the rights they deserve. Worker Misclassification in Maryland: What Employees & Employers Need…

July 02

Employment, Misclassification, Wage and Hour

Spotting Wage Violations: What Are Signs That Your Employer May Be Breaking the Law?

In today’s complex employment landscape, identifying wage law violations is crucial for maintaining fair treatment and ensuring lawful compensation. Unfortunately, wage theft occurs more frequently than many realize, affecting employees in many different positions and industries. Recognizing these illegal practices is essential not only for securing owed wages but also for upholding worker rights. At Miller Shah LLP, we are committed to helping employees navigate these challenges and receive the…

June 30

Employment, Misclassification

Third Circuit Upholds Class Certification In Sleepy’s Drivers Wage Suit

On June 12, 2023, The Third Circuit Court of Appeals upheld the 2022 decision of the United States District Court for the District of New Jersey to certify a class of drivers in a wage and hour suit against Sleepy’s LLC (“Defendant” or “Sleepy’s” or the “Company”), rejecting Sleepy’s argument that drivers’ misclassification claims require individualized inquiry to determine whether each class member was an employee or an independent contractor. The Third…

June 08

Employment, Misclassification

Ninth Circuit Victory for California Workers Against Uber and Postmates

On March 17, 2023, a panel of the Ninth Circuit Court of Appeals delivered the latest in a series of decisions on California Assembly Bill 5 (“A.B. 5”), ruling that the United States District Court for the Central District of California had erred in dismissing equal protection claims filed by Uber Technologies, Inc. and Postmates, Inc. (together, “Plaintiffs”) against the State of California and the California Attorney General (together, “Defendants”).…

March 01

Class Action, Employment, Misclassification

Rover Workers Score $18 Million Deal Over Misclassification Claims

On February 8, 2023, A Place for Rover, Inc. (“Rover” or the “Company”) agreed to pay $18 million to resolve allegations that the Company unlawfully misclassified its hourly workers as independent contractors in order to skirt certain minimum wage and benefit laws. Rover is an app-based platform where users can connect with and book dog sitters or walkers. The Rover app includes dog boarding, dog walking, house sitting and doggy…

December 28

Employment, Misclassification

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…

December 09

Employment, Misclassification

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…

November 06

Employment, Misclassification

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…

November 03

Misclassification, Employment

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…

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