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Interesting court case New Jersey

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  • Interesting court case New Jersey

    https://www.retaillaborandemployment...dent-business/
    Last edited by DAW; 11-03-2017, 11:42 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  • #2
    Thanks for sharing!

    There is so much abuse of the contractor classification. I'm glad the courts are starting to lay down precedent where employees can start to fight back.
    Don't go to college to earn.
    Don't go to work to learn.

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    • #3
      It is only one case. There are other cases going the other way. Still, one case is better then none.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by DAW View Post
        It is only one case. There are other cases going the other way. Still, one case is better then none.
        What's an example of cases going the other way? The biggest problem I see with employees being classified as contractors is that they are usually not that sophisticated and don't know their rights.
        Don't go to college to earn.
        Don't go to work to learn.

        Comment


        • #5
          Originally posted by SeabassG33 View Post
          What's an example of cases going the other way? The biggest problem I see with employees being classified as contractors is that they are usually not that sophisticated and don't know their rights.
          I do not not remember the case names off the top of my head, but there are MANY cases of truck drivers driving trucks owned by the company, every movement they do during the day tightly controlled by the company, but still being (legally per the courts) treated as independent contractors. Common law and DOL general regulations would consider these people employees. That is only one industry, but there are similar cases in other industries. Cases that make the general news media. The recent Trumps administration is trying to reverse ALL Obama era rules, which swing things further in the IC direction. When FLSA was passed in 1938, they sort of grandfathered in all sorts of strange exceptions. I do not remember truck drivers being one of them, but the courts apparently have access to sources that I do not. Maybe something to do with campaign contributions.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Originally posted by DAW View Post
            I do not not remember the case names off the top of my head, but there are MANY cases of truck drivers driving trucks owned by the company, every movement they do during the day tightly controlled by the company, but still being (legally per the courts) treated as independent contractors. Common law and DOL general regulations would consider these people employees. That is only one industry, but there are similar cases in other industries. Cases that make the general news media. The recent Trumps administration is trying to reverse ALL Obama era rules, which swing things further in the IC direction. When FLSA was passed in 1938, they sort of grandfathered in all sorts of strange exceptions. I do not remember truck drivers being one of them, but the courts apparently have access to sources that I do not. Maybe something to do with campaign contributions.
            Is this kind of thing governed by the Federal Labor Relations Authority?
            Don't go to college to earn.
            Don't go to work to learn.

            Comment


            • #7
              Anything is possible, although I would say that employee classification is the responsibility of DOL-WHD according to the mentioned FLSA. Also, there have been A LOT of employee classification lawsuits. I get a little skeptical (no offense) when someone come up with a brand new legal theory that every single lawyer in the U.S. failed to think of. Not impossible, but also not likely.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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