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Category Archives: Misclassification

October 05

Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Ninth Meeting

On September 23, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its ninth meeting of the year. The Joint Task Force, comprised of seven bipartisan members and their designees, was created in October 2020 as a result of Act 85 (House Bill 716) to evaluate the status of worker misclassification in Pennsylvania and develop recommendations to present to the…

September 12

Employment, Misclassification

Pennsylvania Misclassification Task Force Holds Eighth Meeting

Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its eighth meeting of the year on August 26, 2022, the fifth in-person meeting since its assembly in January 2021. The Task Force is a bipartisan group of nominated volunteers representing business, labor, and government seeking to publicize a comprehensive understanding of worker misclassification and its consequences. Deputy Secretary for Safety and Labor-Management Relations and Chairman of the Task…

August 10

Class Action, Misclassification

Amazon Flex Drivers Denied Class Action Status Again

On July 8, 2022, the United States District Court for the Western District of Washington denied a motion for class certification (“Motion”) filed by Amazon Flex Drivers (the “Drivers” or “Plaintiffs”) in a misclassification suit against Amazon.com, Inc. and Amazon Logistics, Inc. (collectively, “Amazon” or “Defendants”). In the Motion, filed on June 30, 2022, the Drivers argued that they meet all the requirements for class certification: numerosity, commonality, typicality, adequacy,…

July 05

Misclassification, Employment

Massachusetts Supreme Judicial Court Blocks App Driver Ballot Initiatives

In a unanimous opinion issued on June 14, 2022, the Massachusetts Supreme Judicial Court found it was an error for the Massachusetts Attorney General to certify two proposed ballot initiatives to redefine the employment classification of rideshare app drivers. The Court determined the initiatives contained at least two substantially distinct policy decisions, and that the lumping together of multiple policy questions does not allow voters to answer a single initiative…

May 13

Employment, Misclassification

Workers Seek Sanctions on Turf Farm

Workers of Briggs Traditional Turf Farm (“Briggs” or the “Farm”) have sought sanctions against their employer for misleading employees who could opt into a lawsuit against the Farm. The second amended complaint, filed on December 23, 2021, in the United States District Court for the Western District of Missouri, alleges that Briggs illegally and discriminately withheld overtime pay from workers with H-2A visas by purposely misrepresenting them as agricultural workers.…

May 04

Employment, Misclassification

Joint Task Force on Misclassification of Employees – Pennsylvania Department of Labor & Industry

Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its fourth meeting of the year on April 22, 2022, the first in-person meeting since its assembly in January 2021. The Task Force is a bipartisan group of nominated volunteers representing business, labor, and government seeking to publicize a comprehensive understanding of worker misclassification and its consequences. This meeting occurred a month after the Task Force released its Annual…

April 11

Class Action, Employment, Misclassification

California Uber Drivers Settle Misclassification Claims for $8.4 Million

On February 17, 2022, a class of 1,322 California drivers announced an $8.43 million settlement (the “Settlement”) with Uber Technologies, Inc. (“Uber”) to resolve claims in James v. Uber. The Settlement, which comes in the wake of a $20 million initial settlement between Uber and a class of 15,000 California and Massachusetts Uber drivers in O'Connor v. Uber, compensates drivers for damages incurred after O’Connor and before the enactment of…

March 15

Class Action, Employment, Misclassification

Uber to Arbitrate Misclassification Claims in Illinois

On October 29, 2020, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois accusing popular ride sharing platform Uber Technologies, Inc. (“Uber” or “Defendant”), of misclassifying its drivers as independent contractors instead of employees under federal wage laws. The action alleges that because drivers were misclassified as independent contractors, they missed out on benefits and protections granted to employees such as…

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