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BT Currents - Hot Topics in Employment Law

07 Nov Another Gig Economy Employer Win DoorDash Delivery Driver Must Arbitrate Misclassification Lawsuit

On October 22, U.S. District Judge Phyllis Hamilton granted DoorDash Inc.’s motion to compel arbitration and held that delivery driver Manuel Magana is required to arbitrate his misclassification lawsuit.   Magana’s lawsuit claimed that the food delivery service misclassified drivers as independent contractors instead of employees in order to avoid paying them a minimum wage and to shirk responsibility for covering the drivers’ business expenses which include insurance, gas, and phone bills.   Related story: Ninth Circuit Destroys Uber Drivers’ Misclassification Suits   In the present…

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04 Sep OFCCP Issues New Directive for Analyzing Compensation

Organizations doing business with the federal government may be subject to affirmative action requirements, overseen by the Office of Federal Contract Compliance Programs (OFCCP). In an effort to provide more transparency and efficiency in its compliance evaluations, the OFCCP recently issued a new directive providing information on how it will analyze contractor compensation.   Under Executive Order 11246, covered contractors and subcontractors are required to periodically self-audit their compensation practices to identify and eliminate pay disparities based upon race/national origin and gender. If selected for…

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23 Apr Philadelphia U. S. District Court Determines Uber Drivers Are Independent Contractors

  On the heels of a San Francisco U.S. Magistrate Judge’s February 2018 ruling in Lawson v. Grubhub Inc. that Grubhub food delivery workers are independent contractors, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania has held that Uber limousine drivers are likewise independent contractors under federal law. This is the first ruling regarding the classification of Uber drivers under federal law and it is surely to have a large impact on the ride-sharing industry.   The Philadelphia case,…

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13 Feb California Court Determines Gig-Economy Drivers Are Independent Contractors

  In a ruling that will likely have a significant impact on all sharing economy companies, San Francisco U.S. Magistrate Judge Jacqueline Scott Corley ruled that gig-economy drivers are independent contractors.  In other words, platforms that are built on pairing customers with products and services through the use of mobile applications can continue to do so without having to reclassify their drivers as employees. The opinion holds that such workers do not qualify for the protections offered to employees under California law.   It was…

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01 Nov Dancer Employees Allegedly Stripped of Wages Through Misclassification

  It has long been argued by many detractors that gentlemen’s clubs objectify women. A group of exotic dancers in Philadelphia has gone a step further and argued that their employer has objectified them as workers by failing to treat them as employees and failing to pay them the minimum wages to which they are entitled. A class of approximately 75 exotic dancers has sued The Penthouse Club under the Fair Labor Standards Act (FLSA) claiming they were wrongly classified as independent contractors and were…

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