Category - Employment Law

1
$100 Million Uber Settlement Maintains Classification of Drivers as Independent Contractors
2
Total Transportation Gets Hauled Away
3
OSHA Inspections: What to Expect and How to Prepare
4
Employer Liability Expanded in Employee Vehicle Accident Cases

$100 Million Uber Settlement Maintains Classification of Drivers as Independent Contractors

By: Chelsea L. Zwart
May 10, 2016

Rideshare providers, such as the increasingly popular Uber and Lyft services, have been embroiled in employee misclassification lawsuits over the past few years, questioning whether their drivers are properly classified as employees or independent contractors.

It is not always clear when an individual is an employee or independent contractor in California. Rather, a variety of factors are analyzed in determining the appropriate classification, including: whether the individual (1) has the right to control how he/she performs the employment contract, (2) is customarily engaged in an independently established business, and (3) has control over the time and place the work is performed, supplies the tools used in the work, and performs work that requires a particular skill not ordinarily used in the employer’s scope of work. O’Connor v. Uber Technologies, Inc. (2015) 82 F.Supp.3d 1133, 1138-39.

Read More

Total Transportation Gets Hauled Away

How Worker Demands are Changing the Transportation Industry

By: David A. Napper and Neil A. Eddington
April 24, 2016

Total Transportation Services, Inc. (“TTSI”), a prominent drayage hauler out of the Los Angeles and Long Beach ports, recently filed for Chapter 11 bankruptcy. The bankruptcy filing is the direct result of workers’ demands for employee designation.1

For many years, drayage hauling – the short-distance transport of goods from local ports –functioned primarily through an “owner-operator” business model where drivers contracted to perform services using trucks they either own or lease. As a result, the drivers had always been characterized as independent contractors not employees. However, in 2010, after the IRS ruled a single TTSI driver was an employee, other TTSI drivers began to resist the model, filing their own suits to garner employee designation.2  For companies like TTSI, litigation expenses have piled up and led to bankruptcy; for the drayage hauling industry, the viability of its business model is in doubt.

Read More

OSHA Inspections: What to Expect and How to Prepare

By: Craig A. Roeb and Katherine J. Flores
October 11, 2015
Download Article

In 2014, 4,679 individuals were killed while working in the United States – an equivalent of 3.3 fatalities per 100,000 full-time workers and more than 13 deaths per day.1   Obviously, workplace safety is a major concern.  To ensure safe and healthful working conditions, in 2014, there were 36,163 federal the Occupational Safety and Health Administration (“OSHA”) inspections and 47,217 State Plan OSHA inspections.2

Read More

Employer Liability Expanded in Employee Vehicle Accident Cases

By: Arthur J. Chapman and David A. Weinberger
October 30, 2013

Two recent California appellate decisions have addressed the evolving issue of employer liability for torts of employees who are involved in accidents during work commutes. In the first opinion, the doctrine of respondeat superior was broadened more than we have seen in the past. In a subsequent case, the court interpreted employer liability more narrowly. Nevertheless, the courts appear to agree on a rule that an employer should be liable for its employee’s torts during commutes if the employer receives an incidental benefit from its employee’s use of the vehicle, otherwise known as the “required vehicle exception”. This rule also has an exception, however, where the employee deviates from his commute for personal interests to the extent that the activity constitutes a substantial departure from the employer’s business.

Read More

© Copyright 2000-2016 Chapman, Glucksman, Dean & Roeb apc - All Rights Reserved