Apr
In Hayward v. IBI Armored Servs., Inc.. – F.3d –, 2020 WL 1647176 (2d. Cir., April 3, 2020), the United States Court of Appeals for the Second Circuit overturned a decision from the United States District Court for the Eastern District of new York dismissing the overtime component of a claim for wage theft brought under […]
Apr
Even though there is no duty for any employer to retain employees while New York Governor Cuomo’s PAUSE Order remains in effect, employers who choose to retain employees, may have a duty to pay them. To determine if you must pay your employees: First, determine which employees are non-exempt employees and which are exempt: Non-exempt […]
A RESPONSE TO 3/30/2020 BUFFALO NEWS ARTICLE “Is it Really a Strike if Instacart Workers Aren’t Employees?” Rampant employee misclassification in the gig-economy industry creates an environment that encourages workplace violations and abuses. While these “progressive” companies earn billions of dollars in profits each year, it is the “independent contractors,” many of whom earn less […]
Jan
Companies often tell truck drivers and delivery drivers that they can be their own bosses and own their routes, but this is false. The company exercises control, and there are several factors under New York state law and federal law that dictate who is and who is not an employee. New York recently enacted a system […]
May
FedEx’s IC Misclassification Settlement Approaching $500 Million For those of you who may not know, since 2007, FedEx Ground has been at the hub of the clampdown on independent contractor misclassification by regulators, legislators and plaintiffs’ lawyers. It was in 2007 that it was discovered by an appellate court in the sunny state of California […]