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ARTICLE · 17 JUNE 2013

May 2013 Monthly Independent Contractor Compliance And Misclassification Update

Pepper Hamilton LLP
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A summary of the most recent independent contractor compliance and misclassification updates.

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

In the Courts

  • New York federal district court grants approval of $600,000 settlement in favor of a class of luxury suite attendants who worked at Arthur Ashe Stadium during the U.S. Open between 2004 and 2009. The defendants were three companies that provided catering and concession services at the tennis event. The suit alleged, among other things, violations under the Fair Labor Standards Act and the New York Labor Law for alleged failure to pay all wages due, including overtime, unlawful retention of gratuities, and improper recordkeeping. Yahraes et al. v. Restaurants Associates Events Corp., 10-CV-935 (MKB)(SMG) (E.D.N.Y. May 2013).
  • Highest court in Massachusetts allows extraterritorial application of Massachusetts stringent independent contractor and wage/hour laws to independent couriers that lived and provided services outside of Massachusetts for a Massachusetts company. The couriers alleged that they were misclassified as independent contractors and

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