Employment Law Blog of Audet & Partners, LLP

Employment Law Blog
08/06/2015

FedEx Drivers Deemed Employees By Federal Court

FedEx Drivers Ruled Employees

In a recent opinion issued by the Ninth Circuit Court of Appeals, Federal Express delivery drivers have been legally classified as employees of FedEx, rather than independent contractors as was argued by the company.  Audet & Partners, LLP has handled many wage and hour employment class actions on behalf of thousands of employees and believes that this FedEx ruling will have wide-ranging implications in many industries, including truckers and other types of delivery professionals. In granting summary judgment in favor of... Read More
06/17/2015

Uber Driver Lawsuit Deems Drivers “Employees”

Uber Driver Lawsuit

Audet & Partners, LLP reports that the California Labor Commission has sided with an Uber driver and held that the driver is considered an employee rather than an independent contractor under California state law.  In the case before the Labor Commission, Barbara Ann Berwick, an Uber driver, had argued that as an employee of Uber, she was entitled to reimbursement for costs incurred while transporting Uber customers to various destinations. Uber has maintained that under its business model, Uber drivers are... Read More
04/08/2015

Felon Firings By Apple May Be Illegal

Felon Firings by Apple May Violate the Law

Audet & Partners, LLP is investigating claims by construction workers who claim to have been discharged from work on Apple's new Cupertino campus based solely on their status as previously convicted felons.  While for certain types of employment a prior felony conviction may bear some relevance to potential job responsibilities, this generally does not hold true for construction work and situations such as the recent felon firings at Apple. The San Francisco Chronicle recently reported on one worker, Kevin Yip, who... Read More
02/03/2015

Employee Lawsuits Upheld Under Private Attorneys General Act

Employee Lawsuits May Proceed Under PAGA

California and federal laws generally uphold arbitration waivers in employment agreements signed by an employees.  These arbitration agreements often prevent employee lawsuits should a dispute arise regarding wages or other workplace conditions. In Iskanian v. CLS Transportation Los Angeles, LLC, however, the California Supreme Court entertained the issue of whether an arbitration agreement containing a waiver for class actions also applies to a disgruntled employee bringing or participating in a representative claim under the Private Attorneys General Act ("PAGA"). What Are PAGA Claims? Claims brought under... Read More
10/28/2014

Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity Logistics Corp. has been appealed to the U.S Supreme Court.  In June, the Ninth Circuit held that delivery drivers had been improperly classified by Affinity as independent contractors based primarily on the degree of control that Affinity maintained over the drivers' working conditions. The Affinity case was originally filed in 2005 by Fernando... Read More