Employment Law Observer Insight & Commentary on Employment & Agency Issues

Category Archives: Independent Contractor v. Employee

Subscribe to Independent Contractor v. Employee RSS Feed

Compliance: Making sense of the myriad tests for independent contractor v. employment status

Posted in Affordable Care Act, Independent Contractor v. Employee

The question of whether a worker is an employee or an independent contractor can have very important consequences, as the two categories receive very different treatment under the law. To name only a few differences, there are no federal or state income tax withholding obligations for independent contractors; wage and hour laws do not apply… Continue Reading

Strippers’ Suit Alleges They Are Employees, Not Independent Contractors

Posted in Independent Contractor v. Employee

In a purported class action, Jessica Mason et al. v. Fantasy LLC et al., five adult dancers have sued the Fantasy Gentlemen’s Club in Colorado federal court for misclassifying them as independent contractors, alleging they were in fact employees.  The dancers claim that, as employees, they were entitled to back wages, overtime, and other benefits…. Continue Reading

District Manager Correctly Classified as Independent Contractor … Not an Employee

Posted in California Court of Appeal, Case Updates, Class Actions, Independent Contractor v. Employee

Barger & Wolen Secures Appellate Ruling Insurance District Manager Correctly Classified as an Independent Contractor … Not an Employee   By Royal F. Oakes and Michael A.S. Newman The California Court of Appeal for the Second Appellate District (Division Three) recently issued its ruling in Beaumont-Jacques v. Farmers Group, Inc., et al., affirming the trial… Continue Reading

Crowdsourced Workers: Are They Employees or Independent Contractors?

Posted in California Supreme Court, Case Updates, Independent Contractor v. Employee

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment?  You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late last year in the Northern District of California. According to the Crowdflower website: CrowdFlower is the world’s leading crowdsourcing service, with over… Continue Reading

Who is an employee and who is an independent contractor under the employer mandate provisions of the Affordable Care Act (ObamaCare)?

Posted in Independent Contractor v. Employee, Opinion

As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences.  The classification can determine whether the principal is liable for the negligent acts of the worker, whether the worker may sue for wrongful termination or discrimination, is entitled to workers’ compensation… Continue Reading

Exotic Dancers Are Employees, Not Independent Contractors, Kansas Supreme Court Rules

Posted in Case Updates, Independent Contractor v. Employee

In Milano’s v. Kansas Department of Labor, the Kansas Supreme Court determined that exotic dancers were employees, not independent contractors, for purposes of unemployment insurance. Milano’s had purchased the club in 2002.  In 2004, Milano’s began treating the exotic dancers as independent contractors, rather than employees. The Supreme Court, affirming the rulings of the Court… Continue Reading

California Court of Appeal Rules Arbitration Is Not Available For Claims Based On Statutory Wage And Hour Claims

Posted in Independent Contractor v. Employee

In Hoover v. American Income Life Insurance Company, Plaintiff was a sales agent for Defendant American Income Life Insurance Company (“AIL”), pursuant to a written contract that provided she was an independent contractor.  In her lawsuit, she claimed, among other things, that AIL had improperly categorized her as an independent contractor, and that she was… Continue Reading

Arbitration Agreement Between Purported Employer and Employees Unconscionable, Court of Appeal Rules

Posted in California Court of Appeal, Case Updates, Independent Contractor v. Employee, Wage & Hour

In Samaniego v. Empire Today, Plaintiffs worked as carpet installers for Defendant, Empire Today.  When they were initially hired, and again later during their employment, Plaintiffs were given form contracts and told to sign them if they wanted to work for Empire.  The contracts contained arbitration provisions.  Plaintiffs later filed a putative class action challenging… Continue Reading

Applying the Common Law Test for Employment, California Court of Appeal Finds That Insurance Agent is Independent Contractor

Posted in California Court of Appeal, Case Updates, Independent Contractor v. Employee

In Arnold v Mutual of Omaha, Plaintiff Arnold, an insurance agent for Defendant Mutual of Omaha, after terminating her contract with Defendant, sued for unpaid employee entitlements under the Labor Code.  Arnold claimed that the contract she had entered into with Mutual had improperly classified her as an independent contractor, and that under applicable law… Continue Reading

California Supreme Court Rules that Court of Appeal Used Incorrect Legal Analysis in Deciding that Claims Adjusters Are Not Exempt from Overtime Pay Requirement

Posted in California Supreme Court, Case Updates, Independent Contractor v. Employee

By Sam Sorich and Larry Golub In a unanimous opinion handed down on December 29, 2011, the California Supreme Court ruled in Harris v. Superior Court that the Court of Appeal used an erroneous analysis when it decided that claims adjusters are not exempt from California’s overtime pay requirement. The California Labor Code sets forth… Continue Reading

New Law Provides Additional Liability for Employers Who Misclassify Employees as Independent Contractors

Posted in Independent Contractor v. Employee, Legislation

California Senate Bill 459, which Governor Jerry Brown signed into law in October 2011, imposes new penalties on employers who willfully misclassify their employees as independent contractors. It also penalizes those who advise an employer to treat an employee as an independent contractor by making such person joint and severally liable with the employer. The… Continue Reading