Misclassifying Employees as Independent Contractors Does Not by Itself Violate Federal Labor Law

Although misclassifying employees as independent contractors exposes companies to damages, steep penalties, and other liability, misclassification alone is not an Unfair Labor Practice under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) has held.

Campbell Litigation, P.C.September 5, 2019NLRA, NLRB, Independent contractor, Employment LawComment

NLRB Gives Companies and Workers Leeway to Operate Under Independent Contractor Model

The National Labor Relations Board (“NLRB”) has re-instated its traditional independent contractor test, acknowledging that many franchisees and freelance contractors have significant opportunities for both economic gain and loss, and therefore should be treated as small businesses.

Campbell Litigation, P.C.January 31, 2019NLRB, Independent contractor, franchisor, franchiseeComment

California Independent Contractors May Become Employees Under the “ABC Test”

This week, the California Supreme Court made it more difficult for many employers to lawfully classify workers as independent contractors under California wage-and-hour law.

Campbell Litigation, P.C.May 3, 2018Independent contractorComment

SECOND CIRCUIT BREATHES NEW LIFE INTO INDEPENDENT CONTRACTOR RELATIONSHIPS, FINDING BLACK CAR DRIVERS IN NYC ARE INDEPENDENT CONTRACTORS

Last month, the Second Circuit Court of Appeals (“Second Circuit”) dismissed black-car franchisees’ claims for overtime pay under the Fair Labor Standards Act (“FLSA”), holding the franchisees were independent contractors. The decision shows that courts will recognize and enforce independent contractor relationships where the proper agreements and structure are in place throughout the duration of the working relationship.

Campbell Litigation, P.C.May 18, 2017Independent contractor, Second Circuit, Fair Labor Standards Act, FLSAComment

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