Tag Archives: independent contractor

New York: Board—Not the Trial Court—Must Determine if Worker Was Independent Contractor

Reiterating the important rule in New York, that where the availability of workers’ compensation benefits hinges upon questions of fact or upon mixed questions of fact and law, the parties may not choose the courts as the forum for resolution … Continue reading

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Maryland Cab Driver’s “Misclassification” Action Appropriately Dismissed

Misclassification of Workers is not Recognized as independent Tort A Maryland cab driver, who sustained injuries in a work-related auto accident, may not maintain a civil action against the cab company for “independent contractor misclassification,” held a state appellate court … Continue reading

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California High Court Narrows Rule For Classification of Workers as Independent Contractors

CA Employers: Stock Up on Your W-2s; Recycle Your 1099s In a decision that continues California’s trend toward allowing the designation of a worker as an independent contractor only under rare circumstances, the state’s Supreme Court on Monday held that … Continue reading

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“Star” Opera Singer is not Employee of the Metropolitan Opera House

A New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and, therefore, may maintain a civil action in negligence against the … Continue reading

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Now California’s Pro Sports Cheerleaders are Employees

Anyone familiar with the FedEx, Uber/Lyft litigation going on at various levels in California’s courts and before the state’s administrative agencies knows that the Golden State appears to have “a thing” for businesses that utilize so-called “independent contractors.” Those of … Continue reading

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SC Court Signals That Uber Business Model Probably OK in the Palmetto State

E-businesses like Uber and Lyft, which utilize smartphone or tablet apps to connect passengers and drivers with vehicles for hire are beginning to carve out a niche within the economy. As I mentioned in an earlier post, the Uber/Lyft business … Continue reading

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Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits

As I mentioned in an earlier post, juries in two civil actions pending before a federal court sitting in California will be allowed to determine if Uber and Lyft have the right to exercise sufficient control over California drivers to … Continue reading

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South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub

In a split decision, the Supreme Court of South Carolina, reversing a majority decision by the state’s Court of Appeals, held that an exotic dancer was an employee—not an independent contractor—of a nightclub and that she was, therefore, entitled to … Continue reading

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Juries Will Decide if Uber and Lyft Drivers are Employees

Supplementing my earlier post, in separate rulings yesterday, both Uber and Lyft failed to satisfy United States District Court judges that their drivers are independent contractors and not employees [see Cotter v. Lyft Inc., 13-cv–04065, and O’Connor v. Uber Technologies … Continue reading

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Could Employee Classification Issues Uberwhelm the Uber Business Model?

Arguments were held last week in connection with motions pending in a federal lawsuit [O’Connor v. Uber, 13–3826, U.S. District Court, N.D. Cal.- San Francisco] that could put an ugly dent into the virtual fender of Uber, the app-based transportation … Continue reading

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