Written by: Christine V. Walters, JD, MAS, SHRM-SCP, SPHR ,FiveL Company
Courts and federal agencies continue to deal with workers' claims that they have been improperly classified as an independent contractor rather than an employee. Here are a few recent examples:
March 8th - Plaintiff Lawson files an appeal of the California judge's February 8th decision that GrubHub properly classified this driver as an independent contractor. The court found that GrubHub did not exercise sufficient control over the manner and means of how he got the job done. GrubHub did not provide training or any particular script for him to use with customers; did not require him to wear a uniform or control his vehicle; Lawson was completely free to sign up for blocks of times that he wanted to work and decline any shifts offered to him; and he could simultaneously provide similar services for other companies.
February 15th - California strikes again in favor of the employer, ruling a dentist was properly classified as an independent contractor. The dental practice did not control when or how he cared for his patients; provided him with no training; and did not supervisor him.
February 15th - The National Labor Relations Board (NLRB) issued a Board Decision, announcing that interested parties, including employers may file amicus briefs by April 16th. The issue? "Under what circumstances, if any, should the Board deem an employer’s act of misclassifying statutory employees as independent contractors a violation of Section 8(a)(1) of the Act?" On September 25th the NLRB ruled that an employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when it improperly classified a worker as an independent contractor. Why? Because such misclassification denied the worker his or her rights as an employee protected under Section 7 of the NLRA. But the decision was appealed and here we are. So, stay tuned!
Of course, that's not all. There have been more issues, cases and decisions related to joint employer status and beyond misclassification, wage and hour status. To learn more, join the March 28th webcast, "Wage & Hour Updates: From Woes to WOWS!"