Employee or Independent Contractor?
Resources collected by Nathan S. Gibson to help classify workers as employees or independent contractors
Worker Misclassification
Judge rules taxi driver is an employee, not contractor
Posted Date: 2 years ago
Categories: Massachusetts
From the Gloucester Times, Mary Markos reports that judge found a taxi driver to be an employee and not an independent contractors. The judge's conclusion is different from the decision by the Supreme Judicial Court when it considered whether Boston taxi drivers challenged their classification as an independent contractor. See These Taxi Drivers Are Not Employees Says Massachusetts Supreme Judicial Court. In the Gloucester case, Mary reports:
Gloucester resident Inge Berge, filed suit in Essex Superior Court in 2015, arguing that the taxi company classifies its drivers as "independent contractors," rather than employees, and denies them minimum wage and overtime pay. Gloucester Taxi pays its drivers a portion of each fare, but Berg's suit alleged that they do not make sure the drivers make minimum wage during slow periods when drivers are waiting for a fare.
Superior Court Judge Christopher Barry-Smith has ruled that Berge was an employee of the company as a matter of law, regardless of the company's attempt to pay the driver as an "independent contractor."
"The law is clear," Berge's lawyer, Michael Bace, said in a statement. "Suggesting that this is the way it's always been done, or the company can't afford to pay minimum wage, is no excuse for treating workers in this fashion."
Berge, a local musician and songwriter, drove a cab for Gloucester Taxi from April 2012 through March 2013. According to the lawsuit, Berge and other Gloucester Taxi drivers received 40 percent of each fare the company collects from customers, and keeps 100 percent of their tips. Berge drove an average of two nights, or 20 hours, a week at the time.
Gloucester Taxi owner Jeffrey Young, cited as a defendant in Berge's lawsuit, claimed when the suit was filed that the split has long been the payment format. Young refused to comment earlier this wee.
"We hear this frequently from business owners saying, 'This is the way it's always been in the taxi industry.' They pay a portion of the fare and if they sit there for six hours, tough. It's a tough life for taxi drivers," said Bace. "Not only is that not right, it's not legal."
A trial to determine the extent to which Berge was not paid minimum wage and overtime has yet to be scheduled.
Read the full story at Judge rules taxi driver is an employee, not contractor
Judge approves $27 million driver settlement in Lyft lawsuit From Reuters, Heather Somerville reports (edited by Sandra Maler) that a U.S. Judge approved the settlement agreement between Lyft and its drivers which leaves the drivers classified as independent contractors. Heather reports: A U.S. judge gave final approval on Thursday to a settlement agreement in a class-action lawsuit against Lyft Inc, ending a legal case […]...
Miami Court Rules That Uber Drivers Are Not Eligible For Unemployment Benefits From WLRN, Jim Ash reports that a Florida court held that an Uber driver was an independent contractor and not eligible for unemployment benefits. Jim reports: A Miami appeals court is siding with Governor Rick Scott and San Francisco-based technology giant Uber in a dispute over the status of part-time drivers. The Third District […]...
Uber Wants Court Stamp on Arbitration Win as Hint to Drivers From Bloomberg, Edvard Pettersson and Joel Rosenblatt discuss Uber's efforts to have a judge confirm an arbitrator's decision that an Uber driver was an employee. A recent California case said that an arbitration clause may require drivers to arbitrate any claims. Edvard and Joel write: Uber Technologies Inc. is asking a California judge to grant […]...
Uber Driver Is An Employee, Not An Independent Contractor, Rules California Labor Official From the Huffington Post, Dave Jamieson reports on the California Labor Commission's decision that an Uber driver was an employee and not an independent contractor. Dave writes: "An official at the California Labor Commission has taken an axe to Uber's claim that its drivers are really independent operators and not employees of the tech company. In […]...
Delivery Truck Driver was an Independent Contractor, not an Employee, Arkansas Federal Court Rules From the National Law Review — "A driver who owned and leased his delivery trucks and hired other drivers to make deliveries was an independent contractor, and not an employee entitled to overtime, the U.S. District Court for the Eastern District of Arkansas has ruled. Krupicki v. Eagle One, Inc., No. 4:12-cv-00150, 2014 U.S. Dist. LEXIS 46038 […]...
U.S. judge says Grubhub driver was independent contractor From Reuters, Daniel Wiessner reports that U.S. Magistrate Judge Jacqueline Scott Corley said that a Grubhub drivers was an independent contractor. Daniel writes: A U.S. judge in San Francisco on Thursday said a former Grubhub Inc delivery driver was an independent contractor and not the company's employee, in the first case of its kind against […]...
2016 Massachusetts Employment Law Year In Review
Massachusetts high court case considers workers' compensation for newspaper deliverers
Nathan S. Gibson
With deep experience in the temporary staffing industry, Nathan helps companies manage risk, increase compliance, and navigate complex legal requirements. Nathan provides clients with expertise and creative solutions to enhance flexibility and maintain compliance with changing requirements.
Worker Misclassification On Demand Dog Walking Company to Pay $1.1 Million to Settle Independent Contractor Misclassification Suit
From the September 2018 Independent Contractor Misclassificat...
Worker Misclassification Rehired Employee v. Independent Contractor
From Bloomberg BNA -- "Rehired Employee v. Independent Contractor Thus...
Worker Misclassification Three Paths for Pastoral Payroll: Independent Contractor
From MAG Booking, Ivy Sprague discusses ways to handle payroll for church p...
Worker Misclassification Ducking Child Support by Becoming a "Contractor"
From The Texas Tribune, Julian Aguilar writes about situations where worker...
New York Tutoring Company Misclassified Tutors as Independent Contractors in New York
From Independent Contractor Compliance and Misclassification Legal Blog.--...
Worker Misclassification Lawsuit Against Handy Technologies For Alleged Misclassification of Cleaners as Independent Contractors
Benzinga, reports that a class action lawsuit was filed again...
Freelancing 10 Best Freelance Sites To Find Jobs
From the Huffington Post, Larry Alton provides a list of 10 of the best web...
Worker Misclassification Pepperidge Farm Reaches $22.5M Settlement to Resolve Independent Contractor Lawsuit
From Top Class Actions, Kim Gale reports on a proposed settlement by of...
Virginia Legal Insider: Be Wary of Non-Compete Agreements for Independent Contractors in Virginia
From ARLnow.com, Kimberly H. Berry discusses the challenges of non-comp...
Massachusetts Investigate the newspaper delivery industry
Where have all the paperboys and papergirls gone? They've been replaced by...
About Nathan S. Gibson
More from Nathan S. Gibson
© Copyright 2020 Employee or Independent Contractor?. All rights reserved | Designed by Precise Themes
Sign up for the free newsletter!
Because you don't have time to gather all the information yourself!