Misclassifying Employees as Independent Contractors
The complaint for this class action alleges that Pepperidge Farm, Inc. misclassified the plaintiffs in this action as independent contractors when they were actually employees. Although the rules aren’t hard and fast, the complaint details the ways in which the company had substantial control over the scheduling, policies, and work. It brings suit under Massachusetts laws.
Intelliquick is paying more than $5 million to settle a class and collective action alleging that it misclassified drivers and couriers as independent contractors, failing to accurately track their hours and making unlawful deductions from their pay. The complaint alleged that the company owes these employees additional wages or overtime, since they were actually regular employees.
This class action is another case where a company has classified a worker as an independent contractor rather than an employee. However, in this case plaintiffs Jason Sheldon and Steven Hunsberger had to invest a significant amount of money. The plaintiffs were led to believe that they were starting their own businesses, but the complaint alleges that State Farm controlled nearly everything and provided a great deal of misinformation.
This is a California class action brought against a company for allegedly misclassifying employees as independent contractors, then not paying them overtime and not permitting them to have rest breaks and other things required by law. The defendants this time are Moore Advanced, Inc. and NFI, LP.
It seems to be common for companies to misclassify workers as independent contractors to avoid paying overtime and other expenses they’re required to shoulder with regular workers. The complaint for this class action alleges that KRH, Inc. regularly requires some workers to put in more than forty hours per week on the oil and gas wells it services but does not pay them overtime for the work.
Under the Fair Labor Standards Act (FLSA), companies must pay employees overtime for all hours worked over forty each week, unless the workers are exempt from overtime pay under the law. The complaint for this class action alleges that Rockwater Energy Solutions, Inc. paid its oilfield workers a flat day rate and did not pay them overtime if they worked more than forty hours in a given week. It contends that these workers were regular employees and should have been paid overtime at one and a half times their normal hourly rate.
During seventeen years of installing floors for Lowe’s Home Centers, Darin Viars has had neither the freedom of an independent contractor nor the benefits of an employee. The complaint for this class action alleges that Viars has been an employee all along because of the limiting rules and arrangements he has had to follow. A number of factors seem to support the complaint’s claim that he is an employee, and the complaint claims that he has actually been misclassified as an employee, in violation of the Fair Labor Standards Act.
This settlement resolves two class actions alleging that dancers performing at certain adult clubs should have been treated as employees rather than owners and so did not receive proper pay and benefits.
Plaintiff Ronnie Stevenson works for Knight Transportation, Inc. as a truck driver. Knight insists he’s not an “employee” but an “independent contractor,” yet the complaint for this class action alleges that the only difference between Knight’s “employee” truck drivers and its “independent contractor” truck drivers is that the employees receive benefits and the others do not. While there are no hard-and-fast definitions of employees versus independent contractors, the criteria used to judge classification have to do mostly with independence, choice, and control, and the complaint presents evidence that Knight does not allow drivers independence, choice, or control in any significant aspects of their work.
Are you a truck driver for XPO Logistics who is classified as an independent contractor, when you’re actually an employee?