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ARTICLE · 07 OCTOBER 2019

District Of Massachusetts Grants Class Certification But Denies Summary Judgment In Independent Contractor Misclassification Case

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On September 13, 2019, the U.S. District Court for the District of Massachusetts granted certification of a class of independent contractor drivers ...

United StatesLitigation, Mediation & Arbitration

On September 13, 2019, the U.S. District Court for the District of Massachusetts granted certification of a class of independent contractor drivers who delivered packages through Dynamex Operations East for Google Express. Ouadani v. Dynamex Operations East LLC, No. 16-12036, 2019 WL 4384061 (D. Mass. Sept. 13, 2019). Ouadani, a delivery driver, sued Dynamex on behalf of himself and all others similarly situated, alleging he was misclassified as an independent contractor in violation of federal and state wage laws. Ouadani sought class certification on two of those claims – improper deductions to drivers' paychecks and misclassification under Massachusetts law – and sought partial summary judgment on the Massachusetts misclassification claim. In its ruling, the Court refined and certified the plaintiff's proposed class, holding that it would not be too taxing to resolve the workers' claims on a class-wide basis despite variations in their work experiences. The Court

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