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ARTICLE · 05 MARCH 2014

February 2014 Monthly Independent Contractor Compliance And Misclassification Update

Pepper Hamilton LLP
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This instalment includes developments from the courts, on the legislative front, and regulatory matters.

United StatesEmployment and HR
Richard Reibstein
Richard Reibstein
Lisa Petkun
Lisa Petkun
Andrew Rudolph
Andrew Rudolph
Janet Barsky
Janet Barsky

In the Courts

  • FIELD TECHS IN CALIFORNIA SUE HOME SECURITY FIRM AND TELECOM GIANT FOR IC MISCLASSIFICATION.  Class action complaint filed in California federal district court against Carter Brothers Security Services, LLC and AT&T by field technicians who installed home security systems and provided technical-related services. The technicians allege that they are employees and were willfully misclassified as independent contractors. The complaint seeks allegedly unpaid overtime wages, pay for rest and meal breaks, unpaid minimum wages, reimbursement of expenses, and damages for failure to pay timely wages due at termination under a variety of state laws. The technicians claim that they did not set, determine or follow their own work schedules; were required to drive vehicles owned and provided by AT&T, displaying AT&T's logos and trademarks; had no ownership or investment in their own business; were required to wear uniforms bearing AT&T logos and attend on-going

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