Is This Your New Roadmap To Misclassification Success? Maybe.

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not employees, therefore not entitled to overtime pay. My partner Michael Marra and I wrote an article about the decision, which you can find here.

There's good news and (slightly) bad news with the decision. The good news is that the court provided a bit of a roadmap for other businesses to follow when it comes to ensuring your classification is proper. The three-step plan includes:

• Ensuring your workers have "entrepreneurial opportunities" not available to employees, including the ability to work for direct competitors;